THIRTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
Introduced by SENATOR ALFRED0 S. LIM 
Explanatory Note 
Matters about the arrest of persons have been regulated by procedural 
rules, despite its consequences @'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 
1 social order. The aggrieved party, whether public or private, is often 
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uncertain as to the specific r 
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. 


THIRTEENTH CONGRESS OF THE ) 
REPUBLIC 
OF THE PHILIPPINES ) 
5 JAN 10 A10 :30 
L S  
First Regular Session 
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FIECEIVED BY : 
SENATE 
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S. B. NO. 
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Introduced by SENATOR ALFRED0 S. LIM 
AN ACT TO PROVIDE UNIFORM REQUIREMENTS AND/OR 
PURPOSES 
PROCEDURE FOR MAKING ARREST AND FOR OTHER 
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Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
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SECTION 1. 
DeJnztzon of Terms. - As used in this; Act, 
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the term - 
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a) “Arrest” means the taking into custody of a 
crime, to be investigated thereof and thus 
movement. It shall iaclude the practice of 
same purpose in he character of a 
invited cannot defy. 
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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. 
c) “Warrant” refers to a written process issued by a judicial tribunal for 
the arrest of the person or persons specifically named therein. 
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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 (1 8) years a $ age, although emancipated in accordance 
with law. 
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SECTION 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. 
SECTION3. 
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 
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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 warsant. 
In case of failure to execute the same, he shall state the reasons therefor . J 
SECTION 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 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 
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. 
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b) 
c) 
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. 


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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 aftkr its 
commission, 
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or when the giving of such information1 will 
 frustrate^ the arrest. If the arrest is by a pribate person, he 
should inform the person to be arrested orhis intention to &est 
him and the cause of the arrest, except Ahen the same 
circumstances aforestated attend the arrest. 
shall forthwith be immediately informed, in a language r; 
When the arrest is made by a peace officer, the: person 
to and understood by him, that he has the right to remain 'ilent; 
that any statement he may make or give may :be used against 
him; that he has the right to be assisted b$ counsel of his 
choice ahd 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 &th. 
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c) 
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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. 
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e) 
When the person to be arrested is a youthful offender, the 
officer or private person making the arrest’ shall observk and 
comply with pertinent rules of law governing such offen er. If 
the youthful offender is below fifteen (I 5) years of age, 1 
shall 
be released ‘in recognizance within twenty-four (24) hou S aker 
arrest to the custody of his parents or of the Department of 
Social Welfare and Development who shall be charged with his 
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custody. 
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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 wl)o took or ‘made 
the same, stating, inter alia, the date, time and place it was 
taken, the number of copies made thereof and dertifying tliat no 
copies made thereaf have been made other than those in dealed 
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envelope 
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or package. 
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Search on the occasion of an arrest. - w e n  
probable cause for an arrest exists, a peace officer or person acting in his 
place may frisk and contemporaneously search the person i f  the offender to 
be arrested, as well as the areas within his custody and im’mediate control, 
based on considerations of necessity to suppress criminal acdivities. 
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SECTlON 6. 
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The admissibility in’ evidence of articles seized 
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. 
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accordingly. 
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SECTION 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 o:f 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 
higher penalty under the Revised Penal Code or other law, 
higher penalty shall be imposed.