Thursday, November 30, 2017

There are three (3) grounds that will justify a warrantless arrest.

There are three (3) grounds that will justify a warrantless arrest. Rule 113, Section 5 of the Revised Rules of Criminal Procedure provides:

Section 5. Arrest Without Warrant; When 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 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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

The first kind of warrantless arrest is known as an in flagrante delicto arrest. The validity of this warrantless arrest requires compliance with the overt act test[79] as explained in Cogaed:

Precedents/Link/Source: 
[79] See People v. Cogaed, 740 Phil. 212, 238 (2014) [Per J. Leonen, Third Division].

2017 Latest Application. READ Full Text.
[2017V331] Veridiano vs PP

No comments:

Post a Comment