FIFTEENTH CONGRESS OF THE 
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REPUBLIC OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
S "'TO 
3:30 
.n . ___ 
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Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
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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 eould 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. 


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FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
330 
S.No. ___ _ 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
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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 taki!lg 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 canoot defy; 
b) 
"Probable cause" means such facts and circumstances as can convincingly 
engender a well-founded belief in an unbiased mind that the person to be 
arrested has indeed committed or is otherwise involved in the commission of 
a 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 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; 
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SEC. 2. Probable Cause Mandatory. - Arrest, as well as a search on the person 
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of the subject to be arrested or on t?e occasion of such arrest, to be valid, must be by 
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virtue of probable cause. 
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SEC. 3. Arrest Upon a Warrant. - Except as otherwise authorized herein, arrest 
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may be made only upon a warrant validly issued thereof. The determination of the 
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existence of probable cause for the issuance of the warrant shall be done personally by 
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the judge who signed the wanant, by examining the applicant therefor and his witnesses 
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through searching questions whereof the answers given shall be under oath or affirmation 
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and the proceedings duly recorded. The officer to whom the wanant of anest was 
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delivered for execution shall cause the same to be executed within ten (10) days from 
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receipt thereof, and within ten (10) days after the period for execution of the warrant has 
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expired, the officer assigned to execute the same shall make a report to the judge who 
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issued the wanant. In case of failure to execute the same, he shall state the reasons 
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therefor. 
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SEC. 4. Arrest Without a Warrant. - A peace officer or any private person may, 
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even without a wanant, effect an arrest: 
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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; 
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; or 
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 
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pending, or has escaped while being transferred from one confinement to 
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another. 
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The person arrested without a warrant must be delivered to the nearest police 
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station or jail without necessary delay. In cases falling under paragraphs (a) and (b) 
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above, the arrested person shall be proceeded against in accordance with Section 7 of 
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Rule 112 of the Amended Rules of Court. 
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SEC.S. Duties of Arresting Officer or Person - In making the arrest, the peace 
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officer or private person shall act accordingly as follows: 
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a) When the arrest is by virtue of a warrant, the officer making the arrest shall 
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inform the person to be arrested of the cause of the arrest and the fact that a 
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warrant has been issued for his arrest. The officer need not have the warrant in 
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his possession at the time of the arrest; the warrant shall be shown to the 
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person arrested as soon as possible. 
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b) When the arrest is without a warrant but by a peace officer, he shall inform the 
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person to be arrested of his authority and the cause of the arrest, except when 
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the latter is about to commit or is committing a crime or is being pursued 
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immediately after its commission, or when the giving of such information will 
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frustrate the arrest. If the arrest is by a private person, he should inform the 
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person to be arrested of his intention to arrest him and the cause of the arrest, 
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except when the same circumstances aforestated attend the arrest. 
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c) When the arrest is made by a peace officer, the person arrested shall forthwith 
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be immediately informed, in a language known to and understood by him, that 
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he has the right to remain silent; that any statement he may make or give may 
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be used against him; th<:lt he has the right to be assisted by counsel of his 
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choice and if he could not afford to engage the services of counsel, the 
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Government shall provide him with one. Beyond these, the rights accorded by 
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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 atTested 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 pot 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, 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. 
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SEC 6. Search on the Occasion of an Arrest. - When probable cause for an 
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arrest exists, a peace officer or person acting in his place may frisk and 
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contemporaneously search the person of the offender to be atTested, as well as the areas 
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within his custody and immediate control, based on considerations of necessity to 
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suppress criminal activities. 
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The admissibility in evidence of articles seized from the person alTested, 
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confirmatory of the commission of an offense, shall not be affected by a judicial 
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declaration of illegality or invalidity of the arrest, except when the evidence is shown to 
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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, 
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civilly and/or administratively liable as the case may be. 
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SEC. 7. Penalty Clause. ~ Any public officer or private person found to have 
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violated any provision of this Act through manifest disregard of the rights of the 
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aggrieved party, evident bad faith,' or gross inexcusable negligence, shall suffer the 
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penalty of imprisonment of not less than two (2) years nor more than six (6) years and/or 
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a fine of not less than six thousand pesos (P6,OOO.0) unless the violation is punished with 
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a higher penalty under the Revised Penal Code or other law, in which case the higher 
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penalty shall be imposed. 
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"Planting" evidence to incriminate an innocent person or otherwise make more 
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serious or graver the offense committed by the person arrested, shall be punished with 
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imprisonment of not less than six (6) years nor more than twelve (12) years and a fine of 
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not less than twenty thousand pesos (P20,OOO.00) pesos, unless the evidence planted 
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consists of drugs and articles governed by Republic Act No. 9165, otherwise known as 
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the Comprehensive Dangerous Drugs Act of 2002, or the act is punished with a higher 
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penalty by some other law. 
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SEC. 8. Separability Clause. ~ Should any part or provision of this Act be 
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declared invalid or unconstitutional, none of the other parts or provisions hereof shall be 
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affected thereby. 
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SEC. 9. Repealing Clause. ~ All laws, executive orders, decreed, instructions, 
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rules and regulations contrary to or inconsistent with any provision of this Act are hereby 
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repealed or modified accordingly. 
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SEC. 10. Effectivity. - This Act shall take effect after fifteen (15) days following 
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its complete publication in the Official Gazette or in any daily newspaper of general 
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circulation in the Philippines. 
Approved, 
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