FOURTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
7 
ju/- -3 ;1 I 2 2  
First Regular Session 
) 
S E N A T E  
S No. 
730 
Introduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
Pursuant to Memorandum Circular No. 3 issued by the Minister of 
Justice on September 25, 1978, service of warrants of arrests is prohibited 
during night time, on holidays, or o weekends except only in case of citizen's 
arrest' arrest of persons made as a result of surveillance and I or entrapment 
operations; persons being arrested for subversion and other crimes and 
offenses against national security; notorious and dangerous criminals for 
whom outstanding warrants of arrest have issued; and escapists and fugitives 
from justice. 
In the words of the Circular - "Warrants of arrest should be served with 
the most careful adherence to the protections which the Constitution affords 
the individual citizen. In particular, it should be constantly borne in mind that 
the Constitution provides that in all criminal prosecutions, the accused shall 
be presumed innocent until the contrary is proved. It likewise provides that no 
person should be deprived of liberty without due process of law. 
"To ensure that these constitutional protections shall not be 
jeopardized, utmost care should be observe in serving warrants of arrest. 
Most specifically, no arrest should be made during nighttime, on holidays, or 
on weekends except as stated below. This prohibition is intended. to avoid 
inconvenience on the part of the arrested person, who otherwise might find it 
difficult to post bond for his provisional liberty, or to secure the services of 
legal counsel while under detention." 
In order to give more teeth to the Circular and to further strengthen the 
constitutional safeguards against unwarranted invasions and inroads on 
individual liberties, it is proposed to embody the aforementioned prohibitions 
in statutory form and to provide the corresponding sanctions for violations 
thereof. 
Accordingly, it is most respectfully urged upon this august body to 
enact the proposed measure into law. 


FOURTEENTH CONGRESS OF THE REPUBLIC ) 
) 
7 JUL -3 
Ail 2 2  
First Regular Session 
1 
OF THE PHILIPPINES 
S E N A T E  
S No. 
730 
Introdnced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
PROHIBITING THE SERVICE OF WARRANTS OF ARRESTS IN 
CERTAIN CASES AND PROVIDING PENALTIES FOR VIOLATIONS 
THEREOF 
Be if enacted by the Senafe and House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Except only in cases of citizen's arrest, arrest of 
persons made as a result of surveillance and I or entrapment operations; 
persons being arrested for subversion and other crimes and offenses 
against national security; notorious and dangerous criminals for whom 
outstanding warrants of arrest have been issued; and escapist and 
fugitives from justice, it is hereby prohibited to serve warrants of arrests 
during nighttime, on legal holidays, or on weekends. 
SEC. 2. Definition. - Nighttime shall cover the period from 6:OOp.m. 
to 6:OO a.m. and weekends shall cover the period from 12 o'clock p.m. 
(noon) of Friday to 6:OO p.m. of Sunday. 
SEC. 3. Any violation of the provisions of this Act shall be punished 
by prision correccional. 
SEC. 4. This Act shall take effect 15 days after its publication in at 
least 2 newspapers of general circulation. 
Approved,