study of application of

arrest and search

warrant
1 ) Arrest - is the actual restraint of the person to be arrested or by his
submission to the custody of the person making the arrest. No violence or
unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subject to any greater restraint than is necessary for
his detention. All arrest should be made only on the basis of a valid Warrant
of Arrest by a competent authority, except in cases specified under the
Doctrine of Citizens Arrest (Sec.5, Rule 113. Rules on Criminal Procedure).
2 )Time of Arrest – As a general rule, arrests may be made on any day of
the week and at any time of the day or night.
3) Modes of Arrest - An arrest may be made by virtue of a Warrant of
Arrest, or Warrantless Arrest as hereinafter provided.
4)Warrant of Arrest- it is an order in writing issued in the name of the
people of the Philippines, signed by a judge and directed to a peace officer,
commanding him to arrest a person stated therein and bring him before
the Honorable court
5)Who issues a Warrant of arrest- only judges are authorized to issue
Warrant of Arrest and Search Warrant pursuant to Section 6 of Rule 112 of
the Revised Rule on Criminal Procedures.
6)When warrant of Arrest not necessary- A Warrant of Arrest is no longer
needed if the accused is already under detention.
7)Execution of Warrant- the head of the office whom the warrant of arrest
has been delivered for execution shall cause the warrant to be executed
within ten (10) days from receipt. Within ten (10) days after the expiration of
such period, the officer to whom it was assigned the warrant and, in case of
his failure to execute the same, shall state the reasons thereof.
ROCEDURES IN SERVING WARRANT OF ARREST
If refused entry, the police
Verify the validity of the office may break into any
warrant and request for residence, office, building,
01 an authenticated copy to 04 and other structure where the
issuing court; person to be arrested is or is
reasonably believed to be,
In serving the warrant , th after announcing his purpose;
police officer should
The police officer need not to have
02 introduce himself and 05 the copy of a warrant in his
show proper possession at the time of the rest, if
identification; the person arrested so requires , the
warrant shall be shown to the
Make a manifestation of arrested person as soon as
03 authority against the practicable.
person to be arrested
06 Secure the person to be
arrested;
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DUTIES 04

OFARRESTING 05

OFFICER 06

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A. It shall be duty of the officer executing the warrant to arrest the accused and deliver him
without delay to the nearest police station or jail for the recording of the fact of the arrest
of the accused.

B. At the time of the arrest, with or without warrant, it shall be the duty of the arresting
officer to inform the person to be arrested of the cause of the arrest and the fact that a
warrant has been issued for his arrest (Section 7, Rule 113 Revised Rules of procedure) and
in case of arrest without a warrant , it shall be the duty of the arresting officer to inform
the person to be arrested of his authority and the cause of the arrest (Section 8, Rule 113
Revised Rules of Criminal Procedure), in the dialect or language known to him, except
when he flees or forcibly resists before the officer has the information will imperil the
arrest. The officer need not have the warrant in his possession at the time of teh arrest
but after the arrest, if the person arrested so requires, the warrant shall be shown to him
as soon as practicable.
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02 02

03
Authority Given to
the Arresting 04

officer in Making 05

an Arrest 06

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A. Officer may summon assistance- An officer making a lawful arrest may orally summon as
many persons as he deems necessary to assist him in effecting the arrest. Every person
so summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself.
B. Right of officer to break into building or enclosure- An officer in order to make an arrest
either by virtue of a warrant, or without a warrant, may break into building or enclosure
where the person to be arrested is or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority and purpose.
C. Right to break out from building or enclosure- whenever an officer has entered the
building or enclosure to make an arrest, he may break out there from when necessary to
liberate himself.
D. Arrest after escape or rescue- if a person lawfully arrested escapes or is rescued, any
person may immediately pursue to retake him without a warrant at anytime and in any
place within the Philippines.
A. Officer may summon assistance- An officer making a lawful arrest may orally summon as
many persons as he deems necessary to assist him in effecting the arrest. Every person
so summoned by an officer shall assist him in effecting the arrest when he can render
such assistance without detriment to himself.
B. Right of officer to break into building or enclosure- An officer in order to make an arrest
either by virtue of a warrant, or without a warrant, may break into building or enclosure
where the person to be arrested is or is reasonably believed to be, if he is refused
admittance thereto, after announcing his authority and purpose.
C. Right to break out from building or enclosure- whenever an officer has entered the
building or enclosure to make an arrest, he may break out there from when necessary to
liberate himself.
D. Arrest after escape or rescue- if a person lawfully arrested escapes or is rescued, any
person may immediately pursue to retake him without a warrant at anytime and in any
place within the Philippines.
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03 02

03
LAWFUL 04
WARRANTLESS
ARREST- 05

A peace officer or a private person may, 06

without a warrant, arrest a person:
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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 just been committed and he has probable cause to believe,
based on personal knowledge of facts or circumstances, 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 area to another.
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Procedures in 04

Conducting 05
Warrantless Arrest 06

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A. Freeze or restrain the suspects; Employ necessary force if needed.
B. The police officer should introduce himself and show proper identification.
C. Make a manifestation of authority against the person to be arrested;
D. )Inform the arrested person of the Miranda Doctrine as provided for in the
Constitution.
E. Secure the person to be arrested.
F. Conduct thorough search for weapons and other illegal materials,
G. In all cases, no force, violence a shall be used in making an arrest
H. Confiscated evidence shall be properly documented;
I. Bring the arrested person to the Police Station.
J. Prepare spot report, sworn statements of arresting officers and witnesses other
supporting documents, and processing of evidences.

K. Arrange for an inquest proceeding before the Office of the Prosecutor prior reaching
the regulation period of twelve (12) hours for crimes or offenses punishable by light
penalties, or its equivalent; and thirty six (36) hours, for crimes or offenses
punishable by afflictive or capital penalties, or its equivalent as provided fro by 125
of the Revised Penal Code. File case to the inquest fiscal on duty.
Physical Examination of Arrested Person/Suspect - Before interrogation, the person
arrested shall have the right to be informed of his right to demand physical examination by an
independent and competent doctor of his own choice. If he cannot afford the services of a
doctor of his own choice , he shall be provided by the state with a competent and independent
doctor to conduct physical examination.If the person arrested is female, she shall be attended
to preferably by a female doctor.

Search Warrant Defined – it is an order in writing issued in the name of the People of the
Philippines , signed by a judge and directed to a peace officer, commanding him to search for
personal property describe therein and bring it before the Honorable court.
Requisites for issuance of Search Warrant – a search warrant shall be issued only
upon probable cause in connection with one specific offense to be determined
personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce, and particularly describing the place to be searched
and the things to be seized which may be anywhere in the Philippines.
 The following properties may be the objects
of a search warrant:
1. Properties which are the subject of the offense
2. Stolen , embezzled proceeds or fruits of the offense
3. Objects including weapons , equipment , and other items used or intended to be
used as the means of committing an offense
Applications for Search warrant –
all applications for search warrant shall be
approved for filling by the chief of office. The
application shall indicate the following data:
a)Office applying for the Search Warrant
b)Name of officer –applicant
c)Name of the subject, if known
d)Address/places to be searched
e)Specific statement of things/articles to be seized ; and
f)Sketch of the place to be searched.
Time of Making
Search-
 Time of Making Search
the warrant must direct that it be served in the daytime, unless the affidavit asserts that the property
is on the person or in the place ordered to be searched, in which case a direction may be inserted
that it be served at any time of the day or night.

Authority Given to officers in the Conduct of Search

In the conduct of search, if after giving notice of the purpose and authority, the officer is refused
admittance to the place of search, he may break open any outer or inner door or window or any part of
a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him
when unlawfully detained therein.

Right to Break Door or Window to Effect Search

The officer, if refused admittance to the place of directed search after giving notice of his purpose
and authority, may break open any outer or inner door or window of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.
 TABLE OF CONTProhibited Acts in the Conduct of Search by Virtue of a Search
Warrant-ENTS

a) Houses, rooms or other premises shall not be searched except in the presence

of the lawful occupant thereof or any member of his family or in the absence
of the latter, in the presence of two (2) witnesses of sufficient age and
discretion residing in the same locality.

b) Lawful personal properties, papers, and other valuables not specifically

indicated or particularly described in the search warrant shall not be taken.

 Validity of Search Warrant-
- the search shall be valid for ten (10) days from
date of issuance and may be served at any day
within the said period. Thereafter, it shall be
void,

- If, in the implementation of the search warrant,

its object or purpose cannot be accomplished in
one day, the search can be continued the
following day, or days, until completed
provided it is still within the ten (10) days
validity periods of the search warrant.
 Receipt for the property Seized
the officer seizing property under the warrant shall issue a detailed receipt of
property seized to the lawful occupant of the premises, or in the absence of
such occupant, shall, in the presence of at least two (2) witnesses of sufficient
age and discretion residing in the same locality, leave a receipt in the place in
which he found the seized property and a duplicate copy thereof with any
barangay official having jurisdiction over the place searched.

Delivery of property and Inventory thereof to Court;

Return and Proceedings thereon-
The officer must forthwith deliver the property seized to the judge who issued the warrant,
together with an inventory thereof duly verified under oath.
 Valid warrantless Searches and Seizures-

a. search incidental to g. Administrative J. Checkpoints

lawful arrest d. plain view search searches
and seizure K. Emergency and
b. search of moving h. private searches Exigent Circumstances-
vehicles e. consented search
i. Border Searches L. Tipped Information

c. seizure of goods f. Stop and Frisk

concealed to avoid
duties