Matters about the arrest of persons have been regulated by procedural rules, despite
its   consequences   being   substantive   in   character.   Arrest   inevitably   encroaches   on   the
constitutional  rights  of  the  person  arrested,  and  affects  not  only  his  person  but  also  his
family.
On  the  other  hand,  the  duty  of  the  State  to  check  and  suppress  criminality  may
unreasonably be curtailed when the arrest js judicially declared as procedurally flawed,  and
thus  the  prosecution  of  the  accused  is  rendered  futile:  criminality  goes  unabated,  to  the
prejudice of the peace and order in the country.
In  short,  an arrest,  whether done with  or without a warrant,  when judicially declared
as wrongly done,  brings about adverse  consequence to social  order.  The aggrieved  party,
whether public or private, is often uncertain as to the specific redress for the wrong suffered.
The  consequences  above-observed  could   be  avoided  if  a  legislative  enactment
would govern the subject and define the parameters of a valid arrest,  and  prescribe a clear
penalty for any violation of the provisions thereof.
Hence, approval of this bill is highly recommended.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                            )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus a. Rodriguez
HouseBill No.   5364
AN ACT
PROVIDING  FOR  UNIFORIVI  REQUIREMENTS  AND/OR  PROCEDURES  FOR  MAKING
ARRESTS AND FOR OTHER PURPOSES
Be it eT?ct.ed  by the Senate and  House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Def/.ni.fi.on of Terms. - As used in this Act, the term -
a)                   "Arrest" means the taking  into custody of a  person for an alleged  crime,
to be investigated thereof and thus restraining  his freedom of rhovement.
It shall include the practice of issuing   "invitation" for the same purpose in
the character of a command which the person so invited cannot defy.
"Probab/e   cause"   means   such   facts   and    circumstances   as   can
convincingly  engender  a  well-founded  belief  in  an  unbias  mind  that  the
person  to  be  arrested  has  indeed  committed  or is  otherwise  involved  in
the commission of a crime.
"Warrant" refers to a written  process issued  by a judicial tribunal for the
arrest of the person or persons specifically named therein.
"Person" refers only to natural person.
"Youfhfu/   offender"  refers   to   any   person   who   at   the   time   of   the
commission  of the  offense  and  arrest  is  nine  (9)  years  old  or  over  but
under eighteen  (18)  years  of age,  although  emancipated  in  accordance
with law.
SEC 2. Probab/e cause mandatory. -Arrest, as well as a search on the person of the subject
to be arrested or on the occasion of such arrest,  to be valid,  must be  by virtue of probable
Cause.
SEC 3. Amesf upon a wamanf. - Except as otherwise authorized herein, arrest may be made
only  upon  a  warrant validly  issued  thereof.  The determination  of the  existence  of probable
cause for the issuance of the warrant shall be done personally by the judge who signed the
warrant,  by examining the applicant therefor and his witnesses through searching questions
whereof  the  answers  given  shall  be  under  oath  or  affirmation  and  the  proceedings  duly
recorded. The officer to whom the warrant of arrest was delivered for execution shall cause
the same to be executed within ten (10) days from receipt thereof,  and within ten (10) days
after the period for execution of the warrant has expired, the officer assigned to execute the
same shall make a report to the judge who issued the warrant.  In case of failure to execute
the same, he shall state the reasons therefor.
SEC 4. Arrest w/.thouf a warrant. - A peace officer or any private person may, even without a
warrant, effect an arrest:
a)   of any person who is attempting to commit a crime or actually committing a crime or
has committed a crime in his presence or within his perception; or
b)   when an offense has just been committed and  he has reasonable ground to believe
based on facts or circumstances that a person to be arrested has committed it;


c)   when  the  person  to  be  arrested  is  known  to  the  person  making  the  arrest to  be  a
fugitive   from   justice   or   an   escapee   from   a   penal   establishment   or   place   of
confinement where he is serving sentence or being held while his case is pending, or
has escaped while being transferred from one confinement to another.
The person arrested without a warrant must be delivered to the nearest police station or
jail  without  necessary  delay.   In  cases  falling  under  paragraphs  (a)  and  (b)  above,  the
arrested person shall be proceeded against in accordance with Section 7 of Rule 112 of the
Amended Rules of Court.
SEC 5. Duf/.es of Arrest/.ng Off/.cer or Person -ln making the arrest, the peace officer or
private person shall act accordingly as follows:
a)   When the arrest is by virtue of a warrant, the officer making the arrest shall inform
the person to be arrested of the cause of the arrest and the fact that a warrant
has been  issued for his arrest,  unless the giving of such  information will frustrate
the arrest.   The officer need not have the warrant in his possession at the time of
the arrest, the warrant shall be shown to the person arrested as soon as possible.
b)   When the arrest is without a warrant but by a  peace officer,  he shall  inform the
person to be arrested of his authority and the cause of the arrest,  except when
the  latter  is  about  to  commit  or  is  committing  a  crime  or  is  being   pursued
immediately  after  its  commission,  or  when  the  giving  of  such  information  will
frustrate  the  arrest.  If  the  arrest  is  by  a  private  person,  he  should  inform  the
person to  be arrested  of his  intention to arrest him  and the cause of the arrest,
except when the same circumstances aforestated attend the arrest.
c)   when the arrest is made by a peace officer, the person arrested shall forthwith be
immediately  informed,  jn  a  language   known  to  and  understood  by  him,  that  he
has the  right to  remain  silent;  that any statement  he  may make or give  may be
used  against  him;  that he  has  the  right to  be assisted  by counsel  of his  choice
and  if  he  could  not  afford  to  engage  the  services  of   counsel,  the  government
shall  provide  him  with  one.  Beyond  these,  the  rights  accorded  by  Republic Act
No. 7438 to an arrested or detained person, in so far as not inconsistent with the
provision of this Act, shall be observed and complied with.
d)   No  violence  nor  force  beyond  what  is  necessary  to  place  the  person  to  be
arrested under restraint, shall be employed in making the arrest.
e)   When  the  person  to  be  arrested  is  a  youthful  offender,  the  officer  or  private
person  making  the  arrest  shall  observe  and  comply  with  pertinent  rules  of  law
governing  such  offender.  If the  youthful  offender  is  below  fifteen  (15)  years  of
age,  he  shall  be  released  in  recognizance  within  twenty-four  (24)  hours  after
arrest to the custody of his  parents or of the  Department of Social Welfare  and
Development who shall be charged with his custody.
f)    ln offenses against decency,  any photograph or picture taken of the offender or
offenders  on  the  occasion  of  the  commission  of  the  offense  shall  be  strictly
confidential  and  shall  not  be  made  public  nor  in  any  manner  be  disseminated.
Such   photograph   or   picture   shall   be   sealed   in   an   envelope   or   package,
accompanied  by an  affidavit of the  person who took or made the same,  stating,
/.nter  a//.a,  the  date,  time  and  place  it  was  taken,  the  number  of  copies  made
thereof and  certifying  that  no  copies  made thereof have  been  made  other than
those in sealed envelope or package.
SEC 6. Search on the Occas/.on of an Arrest. -When   probable cause for an arrest exists, a
peace  officer  or  person  acting  in  his  place  may  frisk  and  contemporaneously  search  the
person of the offender to be arrested, as well as the areas within his custody and immediate
control, based on considerations of necessity to suppress criminal activities.


The admissibility in evidence of articles seized from the person arrested, confirmatory
of the commission of an offense, shall not be affected  by a judicial declaration of illegality or
invalidity  of  the  arrest,  except  when  the  evidence  is  shown  to  be  merely  "planted"  to
incriminate the person arrested. The illegality or invalidity of the arrest shall render the public
officer or private person responsible thereof criminally, civilly and/or administratively liable as
the case may be.
SEC  7.  Pena/fy c/at/se.  -  Any  public  officer  or  private  person  found  to  have  violated  any
provision of this Act through  manifest disregard of the rights of the aggrieved  party,  evident
bad  faith,  or gross  inexcusable  negligence,  shall  suffer the  penalty of  imprisonment of  not
less  than  two  (2)  years  nor  more  than  six  (6)  years  and/or  a  fine  of  not  less  than  Six
Thousand  Pesos  (P6,000.00)  unless  the  violation  is  punished  with  a  higher  penalty  under
the Revised Penal Code or other law, higher penalty shall be imposed.
``Planting"   evidence   to   incriminate   an   innocent  person   or  othel.wise   make   more
serious  or  graver  the  offense  committed  by  the  person  arrested,  shall  be  punished  with
imprisonment of not less than six (6) years nor more than twelve (12) years and a fine of not
less  than  Twenty  Thousand  Pesos  (P20,000.00)  unless  the  evidence  planted  consists  of
drugs and  articles governed  by  Republic Act  No.  9165  (Comprehensive  Dangerous  Drugs
Act of 2002) or the act is punished with a higher penalty by some other law.
SEC 8. Saparabi'/i.fy C/ause.  If for any reason a provision,  portion or section of this Act shall
be declared unconstitutional, the remainder shall not be affected thereby.
SEC  9.    Repea//.ng  C/ause.  All  laws,  presidential  decrees,  executive  orders,  or  rules  and
regulations,  or  parts  thereof  inconsistent  with  the  provisions  of  this  Act  are  repealed  or
modified accordingly.
SEC  10.  Effeofi.vt.fy.  This Act shall take effect fifteen (15) days following  its  publication  in the
Official Gazette or in any daily newspaper of general circulation in the Philippines.
Approved,