FOURTEENTH CONGRESS OF THE 
) 
First Regular Session 
) 
REPUBLIC OF TIZE PHILIPPINES ) 
s. No 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
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 is 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-obseked 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. 
Senator 
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FOURTEENTH CONGRESS OF THE 
) 
First ReguIar Session 
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REPUBLIC OF THE PHILIPPINES ) 
S E N A T E  
S. No 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
TO PROVIDE UNIFORM REQUIREMENTS AND/OR PROCEDURE FOR 
MAKING ARREST AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Definition 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 movement. 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. 
b) “Probable 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 ofa crime. 
c) “Warrant” refers to a written process issued by a judicial tribunal for the arrest 
of the person or persons specifically named therein. 
d) “Person ” refers only to natural person 
e) “Youthful offender” refers to any person who at the time of the 


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commission of the offense and arrest is nine (9) years old or over but under eighteen (18) 
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years of age , although emancipated in accordance with law. 
SEC. 2. Probable 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. Arrest upon a warrant. - 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 without 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 he has knowledge of the commission of a crime whereof probable cause 
exists that the person to be arrested is the one who committed the crime; 
c) or 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 
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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. Duties of arresting officer or person - In making the arrest, the peace 
officer or private person shall act accordingly as follows: 
lla) When the arrest is by virtue of a warrant, the officer making the arrest shall inform the 
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person to be arrested of the cause of the arrest and the fact that a warrant has been issued 
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for his arrest. The officer need not have the warrant in his possession at the time of the 
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arrest, the warrant shall be shown to the person arrested as soon as possible. 
15b) When the arrest is without a warrant but by a peace officer, he shall inform the person to 
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be arrested of his authority and the cause of the arrest, except when the latter is about to 
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commit or is committing a crime or is being pursued immediately after its commission, or 
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when the giving of such information will frustrate the arrest. If the arrest is by a private 
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person, he should inform the person to be arrested of his intention to arrest him and the 
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cause of the arrest, except when the same circumstances aforestated attend the arrest. 
21c) When the arrest is made by a peace officer, the person arrested shall forthwith be 
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immediately informed, in a language known to and understood by him, that he has the 
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right to remain silent; that any statement he may make or give may be used against him; 
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that he has the right to be assisted by counsel of his choice and if he could not afford to 
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engage the services of counsel, the Government shall provide him with one. Beyond 
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these, the rights accorded by Republic Act No.7438 to an arrested or detained person, in 
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so far as not inconsistent with the provision of this Act, shall be observed and complied 
with. 
d) 
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 Deparhnerfc of Social Welfare and Development who shall be charged with his 
custody. 
f) 
In 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 to 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, litter alia, 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. 
No violence nor force beyond what is necessary to place the person to be arrested 
SEC 6. Search on the occadon 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 
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arrest shall render the public officer or private person responsible thereof criminally, 
civilly and/or administratively liable as the case may be. 
SEC. 7. Penalty clause. - 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 andor 
a fine of not less than six thousand pesos (P6,OOO.OO) unless the violation is punished 
with a higher penalty under the Revised Penal Code or other law, in which case the 
higher penalty shall be imposed. 
“Planting” evidence to incriminate an innocent person or otherwise 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,OOO.OO) pesos, 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. Separabirity Clause - Should any part or provision of this Act be 
declared invalid or unconstitutional, none of the other parts or provisions hereof shall be 
affected thereby. 
SEC. 9. Repealing Clause - All laws, executive orders, decreed, instructions, 
rules and regulations contrary to, or inconsistent with any provision of this Act are hereby 
repealed or modified accordingly. 
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circulation in the Philippines. 
SEC. 10. Effectit@ - This Act shall take effect after fifteen (15) days following 
its complete publication in the Official Gazette or in any daily newspaper of general 
Approved, 
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