Criminal Procedure in Relation to Warrantless Arrests
Limitations
5. Random interviews were only conducted on the PDL and PNP Police Officers and
Personnel.
6. The data gathered are limited only to the extent that PDL were able to share with
the research team. This is because the PDL were not in an environment suitable for
speaking and opening up about their condition. There were occasion when the
jailers refused to leave despite request from the CHR officer so that the PDL can
speak freely. 18
7. The study covered only the prevailing conditions in lock-up cells in the National
Capital Region for the period October 2014 to February 2015.
8. There is no regular fund to cover the cost of the project necessitating the support
from the Spanish Agency for International Development Cooperation [Agencia
Espanola de Cooperacion Internacional del Desarollo (AECID)].
The Philippine Criminal Procedure in relation to Warrantless Arrests
As a rule, an arrest must be done on the strength of a warrant issued by a court.
Nevertheless, the law on Criminal Procedure provides exceptional instances when there can be an
arrest even without a judicial warrant. Section 5 of Rule 113, Rules of Court, provides:
“Arrest without warrant; when lawful. --“A peace officer or a private
person may, without 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.
In cases falling under paragraphs (a) and (b) above, the person
arrested without a warrant shall be forthwith delivered to the nearest police
station or jail and shall be proceeded against in accordance with section 6 of
Rule 112. (5a)
18
For instance, at Anonas QCP-Police Station the PDL were not allowed to answer questions, as it was the “Mayor”
or the “Bastonero” who spoke in their behalf. The Jailer called the “Mayor” to answer the questions of the CHR
Team.
9