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SEVENTEENTH CONGRESS ) / / $ RECEIVED
REPUBLIC OF THE PHILIPPINES —_) :
‘Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez,

House Bill No. 6844
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

MAXIMO §. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
Second Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.
6844

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.

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.

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

b) 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 afore stated 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 well 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, shalll 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 six (6)
years andlor 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,