DSLaw Criminal Law Series

I WAS ARRESTED WITHOUT A WARRANT; CAN I FILE A CASE AGAINST THE ARRESTING OFFICER [Understanding Warrantless Arrests under the Rules on Criminal Procedure]

If you are arrested without a warrant, does it automatically mean that it was an unlawful arrest? Not necessarily.

Section 5, Rule 113 of the Rules on Criminal Procedure provides the following circumstances when an arrest without warrant is lawful:

A peace officer or a private person may, without a warrant, arrest a person:

a) When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;

b) When an offense has in fact just been committed, and he has personal knowledge of facts indicating that the person to be arrested has committed it; and

c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Thus, if the incident falls under the foregoing, then it is still considered a lawful warrantless arrest.



How Can We Help?

If your case is beyond Section 5, Rule 113 of the Rules on Criminal Procedure, it would be wise to consult a lawyer.

Our lawyers at Delloro Saulog Law Offices can explain if it is an unlawful arrest. Such is committed by any person who, in any case other than those authorized by law, or without reasonable ground therefor, shall arrest or detain another for the purpose of delivering him to the proper authorities.[1]

Know your human rights and individual liberties.

For more information on how we can help you, book a consultation with us below.


[1] Revised Penal Code, art. 269, (1930).




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