EIGHTEENTH CONGRESS ) pare, JUL_09 2019,
REPUBLIC OF THE PHILIPPINES ) TINE. Be -

First Regular Session )
HOUSE OF REPRESENTATIVES,

____ Introduced by Representative Rufus B. Rodriguez _
1867

House Bill No.
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-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.


EIGHTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez -
1867

House Bill No.

AN ACT
PROVIDING FOR UNIFORM REQUIREMENTS AND/OR PROCEDURES FOR MAKING
ARRESTS 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 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

4) “Person” refers only to natural person.

e) “Youthful 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. 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
») 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. Duties of Arresting Officer or Person — In 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, in 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.

) 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)_ 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 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,
inter 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.

SEC 6. Search on the Occasion 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 welll 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. 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 (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 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 (P20,000.00) 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. Separability Clause. 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. Repealing Clause. 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. Effectivity. 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,