RULE 111

PROSECUTION OF CIVIL ACTION

PREPARED BY:
ATTY. MELENCIO S. FAUSTINO
SECTION 1
• What is the general rule?
• The general rule is when a criminal action is instituted, the civil action for the
recovery of the civil liability arising from the offense charged under Article 100 of the
RPC shall be deemed instituted with the criminal action.
• What are the exceptions?
• The civil action is not deemed instituted in the following cases:
• When the offended party has waived the civil action
• When the offended party has reserved the right to institute it separately
• When the offended party has instituted the civil action prior to the institution of the criminal
action
• What is the civil action that deemed instituted with the criminal action?
• Only the civil action for the recovery of civil liability arising from the offense under
Article 100 of the RPC, not the independent civil actions under Article 32, 33, 34 and
2176 of the Civil Code.
SECTION 1
• What is the dual concept of civil liability?
• This means that civil liability may arise from crimes or from quasi-delicts.
Thus, a negligent act causing damage may produce two kinds of civil liability –
one arising from crime and another from quasi-delict. The only limitation is
that the offended party may not recover twice from the same act.
• What are the differences between a crime and a quasi-delict?
• Crimes affect public interest, while quasi-delicts are only of private concern
• The RPC punishes or corrects the criminal act, while the Civil Code merely
repairs the damage by means of indemnification
• Crimes are punished only if there is a law providing for their punishment,
while quasi-delicts include all acts where fault or negligence intervenes.
Therefore, quasi-delict is broader in scope.
SECTION 1
• What constitutes civil liability?
• According to Article 104 of the RPC, it constitutes restitution, reparation, and indemnification for
consequential damages.
• What is the basis for the broader concept of civil liability?
• The broader concept of civil liability means that every person criminally liable is also civilly liable.
This is because in a criminal offense, there are two offended parties – the state and the private
offended party.
• If the complaint does not contain an allegation of damages, is the offender still liable
for them?
• Yes because every person criminally liable is also civilly liable. This is subject to the exception
when the offended party has waived or has reserved the right to institute the civil action
separately.
• When should the reservation be made?
• The reservation should be made before the prosecution presents its evidence and under
circumstances affording the offended party a reasonable opportunity to make such reservation.
SECTION 1
• What is the reason for the rule requiring reservation?
• The reason is to prevent double recovery from the same act or omission.
• Can the accused file a counterclaim in the criminal case?
• No. Counterclaim is not allowed in criminal case.
• In a BP 22 case, can the offended party make a reservation of the
civil action?
• No. The criminal action shall be deemed to include the civil action, and the
offended party is not allowed to make the reservation. The actual damages
and the filing fees shall be
SECTION 2
• When is the separate civil action suspended?
• After the criminal action has been commenced, the separate civil action arising
therefrom cannot be instituted until final judgment has been entered in the criminal
action.
• If the criminal action is filed after the civil action was instituted, the civil action shall
be suspended in whatever stage it may be found before judgment on the merits.
The suspension shall last until final judgment is rendered in the criminal action.
• Nonetheless, the civil action may be consolidated with the criminal action at any
time before judgment on the merits upon motion of the offended party with the
court trying the criminal action. The evidence presented at the civil action shall be
deemed reproduced in the criminal action without prejudice to the right of the
prosecution to cross-examine the witness presented by the offended party in the
criminal case and of the parties to present additional evidence. The consolidated
criminal actions shall be tried and decided jointly.
• Exception: When there is a prejudicial question in a previously filed civil
action, it should be resolved first.
SECTION 2
• Are the independent civil actions also deemed suspended with the filing of the
criminal action?
• No. Only the civil action arising from the crime under Article 100 is suspended. The
independent civil actions are not suspended and may continue even if the criminal action has
been instituted. However, the offended party may not recover twice from the same act. He
should only get the bigger award.
• What is the effect of an acquittal on the civil action?
• The general rule is the civil action is not necessarily extinguished by the acquittal of the
accused. Even if the accused is acquitted, the court can still award civil liability in the
following cases:
• When the acquittal is based on reasonable doubt
• When there is a declaration in the decision that the liability of the accused is only civil
• When the civil liability is not derived from or based on the criminal act of which the accused
is acquitted.
• However, if the decision contains a finding that the act from which the civil liability may arise
does not exist, the civil liability is extinguished.
SECTION 2
• Can you compel a judge by mandamus to award civil damages?
• Yes because every person criminally liable is also civilly liable and also
because even if the accused is acquitted, there are cases when he is still civilly
liable.
• What is the reason for allowing the civil liability to subsist in spite of
the acquittal of the accused?
• This is because the parties in the criminal and civil action are different. In the
criminal action, the party is the state, while in the civil action, the party is the
private offended party. Also, the two actions required different quantum of
evidence.
• The criminal action requires proof of guilt beyond reasonable doubt, while
the civil action requires mere preponderance of evidence.
SECTION 3
• What are the independent civil actions?
• The independent civil actions are those provided in Articles 32 (Violation of
Rights and Liberties of another), 33 (cases of defamation, fraud, and physical
injuries), 34 (Police refusal or failure to render aid or protection to any person
in case of danger to life or property), and 2176 (Quasi-delict) of the Civil Code.
• They may proceed independently of the criminal action and shall require only
a preponderance of evidence.
SECTION 4
• What is the effect of the death of the accused on the criminal and
civil actions?
• If the accused dies after arraignment and during the pendency of the criminal
action, both the criminal and civil liability arising from the crime shall be
extinguished.
• However, the independent civil actions may be filed against the estate of the
accused after proper substitution, and the heirs of the accused may also be
substituted for the deceased.
• If the accused dies before arraignment, the case shall be dismissed, without
prejudice to any civil action that the offended party may file against the estate
of the deceased.
SECTION 5
• When the defendant is absolved of civil liability in a civil action, can
a criminal action still be filed against him?
• Yes. While every person criminally liable is also civilly liable, the converse is
not true.
• Therefore, even if the defendant is absolved of civil liability in a civil action, a
criminal action can still be filed against him.
• Besides, the state is a party in a criminal action, while only the private
offended party is a party in the civil action. Moreover, the quantum of
evidence in the civil action is only preponderance of evidence.
SECTION 6
• What is a prejudicial question?
• A prejudicial question is one based on a fact separate and distinct from the crime but is so
intimately related to it that it determines the guilt or innocence of the accused.
• What are the elements of a prejudicial question?
• The previously filed civil action involves an issue which is similar or is intimately related with
an issue raised in the subsequent criminal action
• The resolution of the issue will determine whether or not the criminal action may proceed.
• When is an action for annulment of marriage prejudicial to a bigamy case?
• An action for annulment of marriage is prejudicial to a bigamy case only if the accused in the
bigamy charge is also the one asking for annulment of the second (bigamous) marriage based
on vitiation of consent.
• This is because in such a case, if the court declares that the party’s consent was indeed
vitiated and annuls the marriage, then it would also mean that the party did not willingly
commit the crime of bigamy. It would thus be determinative of the guilt or innocence of the
accused.
 RULE 112
PRELIMINARY INVESTIGATION
SECTION 1
• What is preliminary investigation?
• Preliminary investigation is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime has been
committed and the respondent is probably guilty thereof, and should be held for
trial.
• When is it required?
• Before a complaint or information is filed, preliminary investigation is required for all
offenses punishable by imprisonment of at least 4 years, 2 months, and 1 day,
regardless of the fine, except if the accused was arrested by virtue of a lawful arrest
without warrant.
• if the accused was arrested by virtue of a lawful arrest without warrant, the
complaint or information may be filed without a preliminary investigation unless the
accused asks for a preliminary investigation and waives his rights under Article 125 of
the RPC.
SECTION 1
• What is the purpose of a preliminary investigation?
• To determine if there is sufficient ground to engender a well-founded belief
that a crime has been committed and the respondent is probably guilty
thereof, and should be held for trial.
• To protect the accused from the inconvenience, expense, and burden of
defending himself in a formal trial unless the reasonable probability of his
guilt shall have been first ascertained in a fairly summary proceeding by a
competent officer.
• To secure the innocent against hasty, malicious and oppressive prosecution,
and to protect him from an open and public accusation of a crime, from the
trouble, expenses and anxiety of a public trial.
• To protect the state from having to conduct useless and expensive trials.
SECTION 1
• What is the scope of preliminary investigation?
• Preliminary investigation is merely inquisitorial and it is often the only means
of discovering whether the offense has been committed and the persons
responsible for it to enable the fiscal to prepare his complaint or information.
• It is not a trial on the merits and has no purpose but to determine whether
there is probable cause to believe that an offense has been committed and
that the accused is probably guilty of it.
• It does not place the accused in jeopardy.
• Is the right to a preliminary investigation a fundamental right?
• No, it is a statutory right and may be waived expressly or by silence.
• It is also not an element of due process, unless it is expressly granted by law.
SECTION 1
• Can an accused demand the right to confront and cross-examine his
witnesses during the preliminary investigation?
• No. The preliminary investigation is not part of the trial. It is summary and
inquisitorial in nature, and its function is not to determine the guilt of the
accused but merely to determine the existence of probable cause.
• Is the lack of a preliminary investigation a ground for dismissing a
complaint?
• No. The absence of a preliminary investigation does not affect the jurisdiction
of the court but merely the regularity of the proceedings. The court cannot
dismiss the complaint on this ground, and it should instead conduct the
investigation or order the fiscal or lower court to do it.
SECTION 1
• What is the effect of the absence of a certification that a preliminary investigation was
conducted?
• It is of no consequence. What is important is that there was actually an investigation, that the accused was
informed thereof and was allowed to present controverting evidence.
• When should the right to preliminary investigation be invoked?
• The accused should invoke it before plea, or else, it is deemed waived.
• What if the court denies the invocation of the right to a preliminary investigation, what is the
remedy of the accused?
• He must immediately appeal it to the appellate court. He cannot later raise the issue for the first time on
appeal.
• If the complaint or information is amended, should a new preliminary investigation be
conducted?
• No. Amendment whether as matter of form or substance does not change the crime but merely downgrade
or upgrade if there is a condition subsequent.
• If the complaint or information is substituted, should a new preliminary investigation be
conducted?
• Yes. It changes the crime charged that requires preliminary investigation.
SECTION 2
• Who may conduct a preliminary investigation?
• Provincial or city prosecutors and their assistants
• National and Regional State Persecutors
• COMELEC with respect to election offenses
• Ombudsman with respect to Sandiganbayan offenses and other offenses
committed by public officers
• PCGG with respect to ill-gotten wealth cases
• Can RTC judges conduct a preliminary investigation?
• No. Although this should not be confused with the authority of the RTC to
conduct an examination for the purpose of determining probable cause when
issuing a warrant of arrest.
SECTION 3
• What is the procedure in conducting a preliminary investigation?
• The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the
complainants and his witnesses as well as other documents to establish probable cause. The affidavits must
be subscribed and sworn before the prosecutor or government official authorized to administer oath or
notary public.
• Within 10 days from the filing of the complaint, the investigating officer shall either:
• dismiss it if he finds no ground to continue the investigation; or
• issue a subpoena to the respondent accompanied by the complaint and affidavits.
• The respondent shall have the right to examine the evidence, among others.
• Within 10 days from receipt of the subpoena, the respondent shall submit his counter-affidavit, the affidavits
of his witnesses, and other documents in his defense. Affidavits should also be sworn and subscribed. The
respondent cannot file a motion to dismiss in lieu of a counter-affidavit.
• If the respondent cannot be subpoenaed or if he fails to file his counter-affidavit within 10 days, the
investigating officer shall resolve the complaint based on the evidence submitted by the complainant.
• If there are facts and issued which need to be clarified, the investigating officer may set a hearing. The parties
can be present, but they cannot cross-examine. The hearing shall be held within 10 days from the submission
of the counter-affidavits or from the expiration of the period of their submission. It shall be terminated
within 5 days.
• Within 10 days from the termination of the investigation, the investigating officer shall determine whether or
not there is probable cause to hold the respondent for trial.
SECTION 3
• Is a preliminary investigation a judicial proceeding?
• No but merely a quasi-judicial proceedings. Judicial proceedings in its strict
sense are those conducted by the courts.
• Since it is a quasi-judicial proceeding, the requirement of due process in
judicial proceedings is also required in preliminary investigations.
• What is the difference between criminal investigation and
preliminary investigation?
• Criminal investigation is a fact-finding investigation carried out by law-
enforcement officers for the purpose of determining whether they should file
a complaint for preliminary investigation.
• Preliminary investigation is conducted for the purpose of determining if there
is probable cause to hold a person for trial.
SECTION 3
• What is probable cause?
• Probable cause is the existence of such facts and circumstances as would
excite the belief in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime
for which he was prosecuted.
• Is the presence of counsel in the preliminary investigation
mandatory?
• No. Preliminary investigation is a summary proceeding and is merely
inquisitorial in nature. The accused cannot yet invoke the full exercise of his
rights.
SECTION 4
• How does the investigating prosecutor resolve the findings after preliminary investigation?
• If he finds probable cause to hold the respondent for trial, he shall prepare the resolution and certify under oath in the information
that:
• he or an authorized officer has personally examined the complainant and his witnesses;
• that there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;
• that the accused was informed of the complaint and of the evidence against him;
• that he was given an opportunity to submit controverting evidence.
• If he finds no probable cause, he shall recommend the dismissal of the complaint.
• Within 5 days from his resolution, he shall forward the record of the case to the provincial or city prosecutor of chief state prosecutor
of the Ombudsman. They shall act on the resolution within 10 days from receipt and shall immediately inform the parties of such
action.
• No complaint of information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval
of the provincial or city prosecutor or chief state prosecutor or the Ombudsman.
• If the investigating prosecutor recommends the dismissal of the complaint, but his recommendation is disapproved by the provincial
or city prosecutor or chief state prosecutor or Ombudsman on the ground that probable cause exists, the latter may either:
• by himself, file the information; or
• direct another assistant prosecutor to file the information
• without need for a new preliminary investigation.
• The Secretary of Justice may, upon petition by a proper party or by itself, reverse or modify the resolution of the provincial or city
prosecutor, the chief state prosecutor, or the ombudsman. In such a case, he shall direct the prosecutor concerned to either file the
information without need for a new preliminary investigation or to dismiss or move for its dismissal if already filed in court.
SECTION 4
• If there was no preliminary investigation conducted, what is the remedy of the
accused?
• Refuse to enter plea
• Insist on a preliminary investigation
• File certiorari if refused
• Raise it as an error on appeal
• File a petition for prohibition
• What should the Secretary of Justice do if an information that has already been
filed in court is appealed to him?
• He should, as far as practicable, refrain from entertaining the appeal. The matter should be
left to the determination of the Court.
• If the Secretary of Justice gives due course to the appeal, what should the trial
judge do?
• He should suspend proceedings and defer arraignment pending the resolution of the appeal.
SECTION 4
• Is the determination of probable cause a judicial or executive function?
• It depends. If it is made in a preliminary investigation for the purpose of determining
whether there is reasonable ground to believe that the accused has committed the
offense and should be held for trial, it is an executive function.
• If it is made for the issuance of a warrant of arrest by a judge, it is a judicial function.
• Can the accused file a motion to quash based on insufficiency of
evidence?
• No. He cannot pre-empt trial by filing a motion to quash on the ground of
insufficiency of evidence.
• Whether the function of determining probable cause has been correctly discharged
by the prosecutor is a matter that the trial court itself does not and may not pass
upon.
SECTION 4
• Is the finding of a judge that probable cause exists for the purpose of issuing a warrant
of arrest subject to judicial review?
• No. It would be asking the court to examine and assess such evidence as has been submitted by
the parties before trial and on the basis thereof, make a conclusion as whether or not it suffices to
establish the guilt of the accused.
• What is the remedy of the complainant if the Secretary of Justice does not allow the
filing of a criminal complaint against the accused because of insufficiency of evidence?
• He can file a civil action for damages against the offender based on Article 35 of the Civil Code.
This would require a mere preponderance of evidence.
• What are the remedies of a party against whom a warrant of arrest has been issued?
• post bail
• ask for reinvestigation
• petition for review
• motion to quash the information
• if denied, appeal the judgment after trial
SECTION 5
• When warrant of arrest may issue?
• By the Regional Trial Court. —
• Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the
resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the
evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant
of arrest, or a commitment order when the complaint or information was filed pursuant to section 6 of this
Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present
additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty
(30) days from the filing of the complaint or information.
• By the Municipal Trial Court. —
• When required pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of
cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities,
Municipal Trial Court or Municipal Circuit Trial Court SHALL be conducted by the prosecutor. The procedure for
the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section.
• When warrant of arrest not necessary?
• A warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by
the municipal trial court in accordance with paragraph (b) of this section, or if the complaint or information
was filed pursuant to section 6 of this Rule or is for an offense penalized by fine only. The court shall then
proceed in the exercise of its original jurisdiction. (AMNo. 05-8-26-SC)
SECTION 6
• When accused lawfully arrested without warrant.
• When a person is lawfully arrested without a warrant involving an offense which
requires a preliminary investigation, the complaint or information may be filed by a
prosecutor without need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or unavailability of an
inquest prosecutor, the complaint may be filed by the offended party or by a peace
officer directly with the proper court on the basis of the affidavit of the offended
party or arresting officer or person.
• Before the complaint or information is filed, the person arrested may ask for a
preliminary investigation in accordance with this Rule, but he must sign a waiver of
the provisions of Article 125 of the Revised Penal Code, as amended, in the presence
of his counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within fifteen (15) days from its inception.
• After the filing of the complaint or information in court without a preliminary
investigation, the accused may within five (5) days from the time he learns of its
filing, ask for a preliminary investigation with the same right to adduce evidence in
his defense as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
SECTION 6
• When is a warrant of arrest not necessary?
• When the accused is already under detention
• When the accused was arrested by virtue of a lawful arrest without warrant
• When the penalty is a fine only
• Are “John Doe” warrants valid?
• Generally, John Doe warrants are void because they violate the
constitutional provision that requires that warrants of arrest should
particularly describe the person or persons to be arrested. But if
there is sufficient description to identify the person to be arrested,
then the warrant is valid.
SECTION 6
• What are the principles governing the finding of probable cause for the
issuance of a warrant of arrest?
• There is a distinction between the objective of determining probable cause by the
prosecutor and by the judge. The prosecutor determines it for the purpose of filing a
complaint or information, while the judge determines it for the purpose of issuing a
warrant of arrest – whether there is a necessity of placing him under immediate
custody in order not to frustrate the ends of justice.
• Since their objectives are different, the judge should not rely solely on the report of
the prosecutor in finding probable cause to justify the issuance of a warrant of
arrest. The judge must decide independently and must have supporting evidence
other than the prosecutor’s bare report.
• It is not required that the complete or entire records of the case during the
preliminary investigation be submitted to and examined by the judge. He must have
sufficient supporting documents upon which to make his independent judgment.
SECTION 6
• How should the complaint or information be filed when the accused is
lawfully arrested without warrant?
• The complaint or information may be filed by a prosecutor without need for a
preliminary investigation provided an inquest proceeding has been conducted in
accordance with existing rules. In the absence of an inquest prosecutor, the
offended party or any peace officer may file the complaint directly in court on the
basis of the affidavit of the offended party or peace officer.
• What is the remedy of the person arrested without warrant if he wants a
preliminary investigation?
• Before the complaint or information is filed, he may ask for one provided that he
signs a waiver of his rights under Article 125 of the RPC in the presence of counsel.
He may still apply for bail in spite of the waiver. The investigation must be
terminated within 15 days.
• After the complaint of information is filed but before arraignment, the accused may,
within 5 days from the time he learns of his filing, ask for a preliminary investigation.
SECTION 6
• What is an inquest?
• An inquest is an informal and summary investigation conducted by a public
prosecutor in a criminal case involving persons arrested and detained without the
benefit of a warrant of arrest issued by the court for the purpose of determining
whether said persons should remain under custody and correspondingly charged in
court.
• What are the guidelines to safeguard the rights of an accused who has
been arrested without a warrant?
• The arresting officer must bring the arrestee before the inquest fiscal to determine
whether the person should remain in custody and charged in court or if he should be
released for lack of evidence or for further investigation.
• The custodial investigation report shall be reduced to writing, and it should be read
and adequately explained to the arrestee by his counsel in the language or dialect
known to him.
SECTION 7
• Records. —
• Records supporting the information or complaint. —
• An information or complaint filed in court shall be supported by the affidavits and
counter-affidavits of the parties and their witnesses, together with the other supporting
evidence and the resolution on the case.
• Record of preliminary investigation. —
• The record of the preliminary investigation conducted by a prosecutor OR OTHER
OFFICERS AS MAY BE AUTHORIZED BY LAW shall not form part of the record of the case.
However, the court, on its own initiative or on motion of any party, may order the
production of the record or any of its part when necessary in the resolution of the case
or any incident therein, or when it is to be introduced as an evidence in the case by the
requesting party. (8a)
SECTION 8
• Cases not requiring a preliminary investigation nor covered by the Rule on
Summary Procedure. —
• If filed with the prosecutor. —
• If the complaint is filed directly with the prosecutor involving an offense punishable by an imprisonment
of less than four (4) years, two (2) months and one (1) day, the procedure outlined in section 3(a) of this
Rule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other
supporting documents submitted by the complainant within ten (10) days from its filing.
• If filed with the Municipal Trial Court. —
• If the complaint or information is filed with the Municipal Trial Court or Municipal Circuit Trial Court for
an offense covered by this section, the procedure in section 3(a) of this rule shall be observed. If within
ten (10) days after the filing of the complaint of information, the judge finds no probable cause after
personally evaluating the evidence, or after personally examining in writing and under oath the
complainant and his witnesses in the form of searching questions and answers, he shall dismiss the
same. He may, however, require the submission of additional evidence, within ten (10) days from notice,
to determine further the existence of probable cause. If the judge still finds no probable cause despite
the additional evidence, he shall, within ten (10) days from its submission or expiration of said period,
dismiss the case. When he finds probable cause, he shall issue a warrant of arrest, or a commitment
order if the accused had already been arrested, and hold him for trial. However, if the judge is satisfied
that there is no necessity for placing the accused under custody, he may issue summons instead of a
warrant of arrest. (9a)
SECTION 8
• What is the procedure in cases not requiring a preliminary investigation?
• If filed with the prosecutor, the prosecutor shall act on the complaint based on the
affidavits and other supporting documents submitted by the complainant within 10
days from its filing.
• If filed with the MTC:
• If within 10 days from the filing of the complaint or information, the judge finds no probable
cause after personally examining the evidence in writing and under oath of the complainant
and his witnesses in the form of searching questions and answers, he shall dismiss the
complaint or information.
• He may require the submission or additional evidence, within 10 days from notice. If he still
finds no probable cause, he shall dismiss the case.
• If he finds probable cause, he shall issue a warrant of arrest or a commitment order and hold
him for trial. If he thinks that there is no necessity for placing the accused under custody, he
may issue summons instead.
RULE 113
ARREST
SECTION 1
• What is arrest?
• Arrest is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense.
• What are the modes of arrest?
• Arrest by virtue of a warrant
• arrest without a warrant under exceptional circumstances as may be provided by
statute (Sec. 5, Rule 113).
• What are the essential requisites of a valid warrant of arrest?
• It must be issued upon probable cause which must be determined personally by a
judge after examination under oath or affirmation of the complainant and the
witnesses he may produce
• The warrant must particularly describe the person to be seized
Note: A warrant of arrest has NO expiry date. It remains valid until arrest is effected or
warrant is lifted.
SECTION 1
• What is the remedy for warrants improperly issued?
• Where a warrant of arrest was improperly issued, the proper remedy is
petition to quash it, NOT a petition for habeas corpus, since the court in the
latter case may only order his release but not enjoin the further prosecution
or the preliminary examination of the accused (Alimpoos vs. Court of Appeals,
106 SCRA 159).

Note: Posting of bail does not bar one from questioning illegal arrest (Section
26, Rule 114, Rules of Court).
SECTION 2
• How is an arrest made?
• By an actual restraint of the person to be arrested
• By his submission to the custody of the person making the arrest.
• What does it mean when jurisprudence says that the officer, in making
the arrest, must “stand his ground”?
• It means that the officer may use such force as is reasonably necessary to effect the
arrest.
• Upon arrest, what may be confiscated from the person arrested?
• Objects subject of the offense or used or intended to be used in the commission of
the crime;
• Objects which are the fruits of the crime;
• Those which might be used by the arrested person to commit violence or to escape;
• Dangerous weapons and those which may be used as evidence in the case.
SECTION 3 & 4
• What is the duty of the arresting officer who arrests a person?
• He must deliver the person immediately to the nearest jail or police station
(Sec. 3)
• Within what period must a warrant of arrest be served?
• There is no time period.
• A warrant of arrest is valid until the arrest is effected or until it is lifted.
• The head of the office to whom the warrant was delivered must cause it to
be executed within 10 days from its receipt, and the officer to whom it is
assigned for execution must make a report to the judge who issued it within
10 days from the expiration of the period.
• If he fails to execute it, he should state the reasons therefor. (Sec. 4)
SECTION 5
• When is an arrest without warrant lawful?
• When in his presence, the person to be arrested has committed, is actually committing, or is
about to commit an offense; (in flagrante delicto arrest)
• When an offense has just been committed, and he has probable cause based on personal
knowledge of facts and circumstances that the person to be arrested has committed it
(Doctrine of hot pursuit); and
• When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or is temporarily confined while his case is pending
or has escaped while being transferred from one confinement to another (re-arrest).
• Where a person who has been lawfully arrested escapes or is rescued (Sec. 13, Rule 113);
• By the bondsman for the purpose of surrendering the accused (Sec. 23, Rule 114); and
• Where the accused attempts to leave the country without permission of the court (Sec. 23,
Rule 114).
Note: If the arrest was effected without warrant, the arresting officer must comply with the
provisions of Art. 125 of the RPC, otherwise, he may be held criminally liable for arbitrary
detention under Article 124 of the RPC.
SECTION 5
• What is the rules on illegality of arrest?
• An accused who enters his plea of NOT guilty and participates in the trial
waives the illegality of the arrest.
• Objection to the illegality must be raised before arraignment, otherwise it is
deemed waived, as the accused, in this case, has voluntarily submitted
himself to the jurisdiction of the court.
• Illegality of warrantless arrest maybe cured by filing of an information in court
and the subsequent issuance by the judge of a warrant of arrest.
• Once a person has been duly charged in court, he may no longer question his
detention by petition for habeas corpus, his remedy is to quash the
information and/or the warrant of arrest.
SECTION 6
• When should an arrest be made?
• It can be made on any day and at any time of the day and night.

Note: Unlike a search warrant which must be served only in daytime, an arrest
may be made on any day and at any time of the day or night, even on a Sunday.
This is justified by the necessity of preserving the public peace.
SECTION 7
• Can an officer arrest a person against whom a warrant has been
issued even if he does not have the warrant with him?
• Yes, but after the arrest, if the person arrested requires, it must be shown to
him as soon as practicable.
Note: Under this rule, an arrest may be made even if the police officer is not in
possession of the warrant of arrest (Mallari vs. Court of Appeals, 265 SCRA
456). Exhibition of the warrant prior to the arrest is not necessary. However, if
after the arrest, the person arrested so requires, the warrant shall be shown to
him as soon as practicable.
SECTION 7
• What is the method of arrest by officer by virtue of warrant?
• The officer shall inform the person to be arrested of the cause of the arrest
• The fact that a warrant has been issued for his arrest,
• Exemption:
• when he flees or forcibly resists before the officer has opportunity to so inform him, or
• when the giving of such information will imperil the arrest.
• The officer need not have the warrant in his possession at the time of the
arrest but after the arrest, if the person arrested so requires, the warrant shall
be shown to him as soon as practicable.
SECTION 8
• How an arrest by officer without warrant effected?
• The officer shall inform the person to be arrested of his authority and the
cause of the arrest
• Exemption:
• The latter is either engaged in the commission of an offense,
• is pursued immediately after its commission,
• has escaped,
• flees or forcibly resists before the officer has opportunity so to inform him, or when the
giving of such information will imperil the arrest.
SECTION 9
• How an arrest by private person affected?
• When making an arrest, a private person (citizens arrest) shall –
• inform the person to be arrested of the intention to arrest him and cause of the arrest
• Exemption:
• the person to be arrested is either engaged in the commission of an offense,
• pursued immediately after its commission, or
• has escaped, flees, or forcibly resists before the person making the arrest has opportunity to
so inform him, or
• when the giving of such information will imperil the arrest.
Note: Private person must deliver the arrested person to the nearest police station or jail,
otherwise, he may be held criminally liable for illegal detention.
SECTION 10
• May an officer call the assistance of other person in affecting the
arrest?
• An officer making a lawful arrest may orally summon as many persons as he
deems necessary to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest when he can
render such assistance without detriment to himself.
• May a private individual summon assistance in making an arrest?
• Only an officer making the arrest may summon assistance.
• It does not cover a private individual making an arrest.
SECTION 11 & 12
• What are the requisites before an officer breaks into building or
enclosure to effect an arrest?
• Requisites before an officer can break into a building or enclosure to make an arrest:
• That the person to be arrested is or is reasonably believed to be in said building;
• That he has announced his authority and purpose for entering therein;
• That he has requested and been denied admittance.
Note: Generally, a lawful arrest may be made anywhere, even on private property or in
a house. This rule is applicable both where the arrest is under a warrant, and where
there is valid warrantless arrest.
• May an officer has the right to break out from building or enclosure?
• Whenever an officer has entered the building or enclosure in accordance with the
Sec. 11, he may break out therefrom when necessary to liberate himself.
Note: A private person making an arrest CANNOT break in or out of a building or
enclosure because only officers are allowed by law to do so.
SECTION 13 & 14
• What is the rule when a person lawfully arrested has escaped?
• Where a person lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at any time and in any
place within the country. The pursuit must be immediate. (Sec. 13)
• What are the rights under the rules of arrested person?
• At the request of the person arrested or of another acting in his behalf,
• Any member of the Philippine Bar and the relative of the person arrested shall have the
right to visit and confer privately with him in the jail or any other place of custody at any
hour of the day or night. Subject to reasonable regulations.
• RA 7438 defined certain rights of persons arrested, detained, or under custodial
investigation, with the penalties for violations thereof.