POINTERS TO REVIEW

1. A person arrested by virtue of warrant of arrest is not covered by criminal investigation and
must not be placed under custodial interrogation for obvious reason that he is already held
accountable to that particular crime before the court of justice.
2. When the person arrested by virtue of a warrant of arrest is likewise being held for a
separate distinct criminal complaint which is the subject matter of another criminal
investigation.
3. When the person arrested by virtue of a warrant of arrest is charge in court as Jhon Doe or
Richard Doe, and for which criminal investigation is a necessary incident to establish his
real identity, name surname through cartographic sketches and available witnesses.
4. A person placed under arrest as an incident to the execution and implementation of a search
warrant found in possession of recently stolen articles
5. The term at large is not synonymous to fugitive from justice, the former not being a
wanted person in the eyes of the law, and therefore cannot be lawfully arrested without a
warrant.
6. Fugitive from justice is an escapee from detention or an escaped prisoner while serving
sentence by virtue of a final judgment rendered by a court of competent jurisdiction that can
be legally arrested.
7. Police Operation is a lawful clandestine intelligence and detective networking to gather
information and evidences to determine with certainty the commission of a crime, the
identity of the perpetrators thereof, and as may be necessary, to arrest the culprits under
those instances as authorized by law.
8. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a
competent authority, except in instances where the law allows warrantless arrest.
9. No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any greater restraint than what is necessary under the
circumstances.
10. As a general rule, arrests can be made on any day of the week and at any time of the day or
night.
11. Only judges are authorized to issue Warrants of Arrest.
12. A Warrant of Arrest is no longer needed if the accused is already under detention.
13. An Order of Commitment is issued by the judge in lieu of the Warrant of Arrest.
14. A Senator or Member of the House of the Representatives is immune from arrest while
Congress is in session for an offense punishable by not more than six years of
imprisonment.
15. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations Representatives
are immune from arrest.
16. The Warrant Arrest is the written authority of the arresting officer when making an arrest or
taking of a person into custody in order that he may be bound to answer for the commission
of an offense.
17. The head of the office to whom the warrant of arrest has been delivered for implementation
shall cause the warrant to be implemented within ten (10) days from receipt.
18. Within ten (10) days after the expiration of such period, the police officer to whom it was
assigned for implementation shall make a report to the judge who issued the warrant and in
case of his failure to implement the same, shall state the reasons thereof.
19. A peace officer or a private person may, without a warrant, arrest a person, when, in his
presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense.
20. A peace officer or a private person may, without a warrant, arrest a person, 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.
21. A peace officer or a private person may, without a warrant, arrest a person, 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.
22. A peace officer or a private person may, without a warrant, arrest a person, where the
accused released on bail attempts to leave the country without court permission.
23. A peace officer or a private person may, without a warrant, arrest a person, when there is
violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a
case of evasion of service of sentence.

24. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal
and undesirable aliens.
25. After the arrest of the suspect, the police officer shall immediately inform him the cause of
arrest and apprise him the Miranda Rights.
26. You have the right to remain silent and to have a competent and independent counsel of
your own choice, and if you cannot afford the services of the lawyer, one shall be provided
for free by the government. Any statement made by you during investigation may be used
for or against you in any Court of Law of the Philippines.
27. Verify the validity of the warrant and request for an authenticated copy from the issuing
court.
28. In serving the warrant, the police officer should introduce himself and show proper
identification.
29. Make a manifestation of authority against the person to be arrested.
30. If refused entry, the police officer may break into any residence, office, building, and other
structure where the person to be arrested is in or is reasonably believed to be in, after
announcing his purpose.
31. The police officer need not have a copy of the warrant in his possession at the time of the
arrest. If the person arrested so requires, the warrant shall be shown to the arrested person
as soon as possible.
32. Secure the person to be arrested and use handcuffs for the protection of the arresting
officer, other individuals or the arrested person himself.
33. Conduct thorough search for weapons and other illegal materials on the person arrested
and surroundings within his immediate control.
34. Inform the person to be arrested of his rights under the law i.e. Miranda Warning and Antitorture Warning.
35. No unnecessary force shall be used in making an arrest;
36. Confiscated evidence shall be properly documented with the chain of custody of evidence
duly and clearly established;
37. Bring the arrested person to the Police Station for documentation;
38. Make a Return of Warrant to the court of origin after the arrest.
39. Deliver the arrested person to jail/prison upon the issuance of a commitment order of the
court.
40. Freeze or restrain the suspect/s is the first step in effecting Warrantless Arrest.
41. In effecting Warrantless Arrest, make proper introduction as to identity and authority to
arrest.
42. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the
arrested person without delay to the nearest Police Station or jail to record the fact of the
arrest;
43. At the time of the arrest, it shall be the duty of the arresting officer to inform the person
arrested of the cause of the arrest and the fact that a warrant had been issued for his arrest.
44. The arresting officer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to him as
soon as possible;
45. When women or children are among the arrested suspect/s, the arresting officer shall task
the Womens and Childrens Protection Desks (WCPD) officer or a policewoman who is
familiar with women and children protection desk duties to conduct the pat-down search;
46. 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 except when he flees or
forcibly resists before the arresting officer has the opportunity to inform him or when the
giving of such information will imperil the arrest.
47. The person arrested, with or without warrant, shall be informed of his constitutional right to
remain silent and that any statement he makes could be used against him. Also, that he has
the right to communicate with his lawyer or his immediate family and the right to physical
examination;
48. A person arrested without a warrant shall be immediately brought to the proper Police
Station for investigation without unnecessary delay. He shall be subjected to inquest
proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC).
49. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against an arrested person. The bringing of arrested persons to secret
detention places, solitary confinement and the like is prohibited.

50. If the person arrested without a warrant waives his right under the provisions of Art 125 of
the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of
detention in the presence of his counsel of choice.
Tools of Investigation
Types of Criminal Investigation
Circumstances on Warrantless Arrest
Kinds of Arrest
Give at least five procedures on arrest with warrant
Give at least five procedures on arrest without warrant
In flagrante Delicto Rule
Hot Pursuit Rule
Arrest on Fugitive from Justice