FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1305 
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JUL 12 P 4 :17 
INTRODUCED BY HON. MANNY VILLAR 
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 on weekends except only in cases of a citizen's arrest; arrest of persons 
made as a result of surveillance or entrapment operations; when a person is being 
arrested for subversion and other crimes and offenses against national security; in 
cases of notorious and dangerous criminals for whom outstanding warrants of arrest 
have been 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 observed in serving warrants of arrest. Most specifically, no arrest 
should be made during nighttime, on holidays, or on weekends except as stated. 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. 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 1305 
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INTRODUCED BY HON. MANNY VILLAR 
AN ACT PROHIBITING THE SERVICE OF WARRANTS OF ARRESTS IN CERTAIN 
CASES AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
Be it enacted by the Senate 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/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 
, 
escapists and fugitives from justice, it is hereby prohibited to serve warrants of arrests 
during nighttime, on legal holidays or on weekends. 
SEC. 2. 
Oefinition. - Nighttime shall cover the period from 6:00 p.m. to 6:00 
a.m. and weekends shall cover the period from 12 o'clock p.m. (noon) of Friday to 6:00 
p.m. of Sunday. 
SEC. 3. 
Any violation of the provisions of this Act shall be punished by 
prison correctional. 
SEC. 4. 
This Act shall take effect upon approval. 
Approved,