Module 3.2: Arrest, Bail, and Rights of the Accused

1. Learning Objectives

Upon completion of this module, the student should be able to:

Understand the legal definition, methods, and requirements for a valid arrest under Rule 113.
Differentiate the circumstances and legal grounds for an arrest with a warrant versus a warrantless arrest.
Master the concept of bail, including when it is a matter of right or discretion, and identify its various forms and conditions.
Enumerate and explain the fundamental rights of an accused person as provided under Rule 115 and the Philippine Constitution.
Apply the principles of R.A. 7438 (Rights of Persons Under Custodial Investigation) and the "Miranda Rights" in practical scenarios.

2. ARREST (Rule 113, Rules of Court)

A. DEFINITION OF ARREST

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

It is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person making the arrest. The application of actual force, manual touching, or physical restraint is not essential. A person's submission to the will and control of the arresting officer is sufficient.

B. ARREST WITH WARRANT

When Warrant Issues

A warrant of arrest is an order in writing issued in the name of the People of the Philippines, signed by a judge, directed to a peace officer, commanding him to arrest a person and bring him before the court. It is issued upon a finding of probable cause by a judge after examining the complainant and witnesses under oath or affirmation.

Contents of a Warrant of Arrest

The name of the accused (or a fictitious name if the true name is unknown).
The offense charged.
The name of the court that issued the warrant.
The signature of the issuing judge.

Validity

The warrant of arrest remains valid until it is executed or recalled by the issuing court. The 10-day period applies to the execution of a search warrant, not a warrant of arrest.

How Warrant is Executed

The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor.

Officer's Duty After Arrest

The officer must bring the arrested person to the nearest police station or jail and deliver them to the proper judicial authorities without unnecessary delay, subject to the time limits prescribed in Article 125 of the Revised Penal Code.

C. ARREST WITHOUT WARRANT (WARRANTLESS ARREST)

A peace officer or a private person may, without a warrant, arrest a person under the following circumstances (Section 5, Rule 113):

In Flagrante Delicto ("Caught in the Act"): When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
- Requirements:
  - The person to be arrested executed an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime.
  - Such overt act is done in the presence or within the view of the arresting officer.
Hot Pursuit: 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.
- Requirements:
  - An offense has just been committed.
  - The arresting officer has personal knowledge of facts indicating that the person to be arrested committed it. There must be a close temporal connection between the crime's commission and the arrest.
Escapee: 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.

Citizen's Arrest

A private person may conduct a warrantless arrest under the same circumstances as a peace officer (i.e., in flagrante delicto and hot pursuit). After the arrest, the private person must, without unnecessary delay, turn the arrested person over to the nearest peace officer or prosecutor.

D. METHOD OF ARREST

With or Without Warrant: The officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued, unless the giving of such information would imperil the arrest. The 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 practicable.
Right to Break into Building: An officer, in order to make an arrest either by virtue of a warrant or without a warrant, may break into any 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.
Time of Making Arrest: An arrest may be made on any day and at any time of the day or night.

E. RIGHTS OF PERSON ARRESTED (Art. 125, RPC; R.A. 7438)

These are often called the Miranda Rights, originating from the US case Miranda v. Arizona. Under Philippine law, specifically R.A. 7438, these rights are afforded to any person arrested, detained, or under custodial investigation.

Custodial Investigation Rights:

Right to Remain Silent: The person must be warned that he has a right to remain silent and that any statement he does make may be used against him.
Right to Counsel: He must be informed that he has the right to the assistance of a competent and independent counsel, preferably of his own choice. If the person cannot afford one, he must be provided with one. This right cannot be waived except in writing and in the presence of counsel.
Right to be Informed of Such Rights: The person must be informed of these rights.

Other Rights:

Right to Communicate: The arrested person has the right to communicate with his lawyer, immediate family members, doctor, or any person of his choice.
Prohibition against Torture: No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used.

The 12-18-36 Hour Rule (Article 125, RPC - Delay in the Delivery of Detained Persons)

A public officer who detains a person for some legal ground without a warrant must deliver them to the proper judicial authorities within:

12 hours: for crimes punishable by light penalties.
18 hours: for crimes punishable by correctional penalties.
36 hours: for crimes punishable by afflictive or capital penalties. Note: This period does not include weekends or holidays.

3. BAIL (Rule 114)

A. DEFINITION AND PURPOSE

Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions specified.

Purpose:

To relieve an accused from imprisonment until his conviction.
To secure his appearance at trial. Bail is not intended as a punishment.

B. WHEN BAIL IS A MATTER OF RIGHT

Bail is a matter of right:

Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court.
Before conviction by the Regional Trial Court (RTC) of an offense not punishable by death, reclusion perpetua, or life imprisonment.

C. WHEN BAIL IS A MATTER OF DISCRETION

Bail is a matter of discretion (and subject to a hearing) upon conviction by the RTC of an offense not punishable by death, reclusion perpetua, or life imprisonment.

No bail shall be granted if the accused is charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, if the evidence of guilt is strong. The burden of proving that the evidence of guilt is strong lies with the prosecution.

D. FORMS OF BAIL

Corporate Surety: A bond underwritten by a surety company accredited by the Supreme Court.
Property Bond: A lien or mortgage on real property of the accused or the bondsman. The value of the property must be at least equal to the amount of the bail.
Cash Deposit: The accused or any person acting in his behalf may deposit in cash with the nearest collector of internal revenue or provincial, city, or municipal treasurer the amount of bail fixed by the court.
Recognizance: An obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. It is granted by the court to an indigent person or when required by the circumstances.

E. BAIL BOND

Conditions: The accused must appear in court whenever required, submit to orders and processes, and in case of conviction, surrender for execution of the judgment.
Forfeiture: If the accused fails to appear, the bond is declared forfeited. The bondsmen are given 30 days to produce the accused and to show cause why judgment should not be rendered against them for the amount of the bond.
Cancellation: The bail bond is cancelled upon the acquittal of the accused, dismissal of the case, or execution of the judgment of conviction.

4. RIGHTS OF THE ACCUSED (Rule 115)

At the trial, the accused has the following rights: a. To be presumed innocent until the contrary is proved beyond reasonable doubt. b. To be informed of the nature and cause of the accusation against him. c. To be present and defend in person and by counsel at every stage of the proceedings. d. To testify as a witness in his own behalf but subject to cross-examination. His silence shall not in any manner prejudice him. e. To be exempt from being compelled to be a witness against himself (Right against self-incrimination). f. To confront and cross-examine the witnesses against him at the trial. g. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf. h. To have a speedy, impartial and public trial. i. To appeal in all cases allowed and in the manner prescribed by law.

5. CONSTITUTIONAL RIGHTS (Bill of Rights, Article III, 1987 Constitution)

The rights of the accused are primarily guaranteed by the Constitution:

Sec. 12: Right to counsel and to remain silent during custodial investigation; prohibition of torture and secret detention.
Sec. 13: Right to bail, except for those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong.
Sec. 14: Right to due process of law; presumption of innocence; right to be heard by himself and counsel; right to be informed of the nature and cause of the accusation; right to a speedy, impartial, and public trial; right to meet witnesses face to face; right to compulsory process.
Sec. 15: The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
Sec. 16: Right to a speedy disposition of their cases.
Sec. 17: Right against self-incrimination.
Sec. 18: Right against detention solely by reason of political beliefs; prohibition of involuntary servitude.
Sec. 19: Prohibition of excessive fines and cruel, degrading, or inhuman punishment.
Sec. 20: No person shall be imprisoned for debt.
Sec. 21: Right against double jeopardy.
Sec. 22: No ex post facto law or bill of attainder shall be enacted.

6. REPUBLIC ACT NO. 7438

An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation and Duties of the Arresting, Detaining and Investigating Officers.

This law reinforces the constitutional rights under Section 12, Article III.

Key Provisions:
- Custodial Investigation includes the practice of issuing an "invitation" to a person who is investigated in connection with an offense he is suspected to have committed.
- Any person arrested, detained or under custodial investigation shall be informed in a language known to and understood by him of his rights to remain silent and to have competent and independent counsel, preferably of his own choice.
- The custodial investigation report shall be null and void if it is not in writing and signed by the person under investigation in the presence of his counsel.
- Any waiver of the right to counsel must be in writing and signed by the person in the presence of his counsel.
- The rights cannot be waived except in writing and in the presence of counsel.
- It provides for penalties for violating officers, including imprisonment and/or a fine.

7. Comparison Table: Arrest with Warrant vs. Warrantless Arrest

Feature	Arrest with Warrant	Warrantless Arrest
Basis for Arrest	A valid warrant issued by a judge.	Occurs under specific circumstances defined in Sec. 5, Rule 113.
Prerequisite	A judge's personal finding of probable cause.	The arresting person's personal knowledge of facts or overt acts seen.
Timing of Execution	Can be executed any day, any time until served or voided.	Must be done immediately during or after the commission of the crime (immediacy rule).
Issuing Authority	A judge of a competent court.	The law itself grants the authority to peace officers and private citizens.
Officer's Discretion	Limited; the duty is to serve the court's order.	High; the officer must personally determine if the situation fits the legal exceptions.
Key Document	The warrant of arrest itself.	The officer's sworn statement or report detailing the justification for the arrest.

8. Multiple Choice Practice Questions

Instructions: Choose the best answer for each of the following questions.

What is the primary purpose of bail? a) To punish the accused before trial. b) To generate revenue for the court. c) To secure the appearance of the accused for trial. d) To release the accused from all charges.
PO1 Cruz saw Juan stabbing Pedro. PO1 Cruz immediately ran after Juan and arrested him. What kind of warrantless arrest was effected? a) Hot Pursuit b) In Flagrante Delicto c) Escapee from confinement d) Citizen's arrest
A warrant of arrest has a validity period of: a) 10 days b) 30 days c) 6 months d) Until served or recalled by the court
This right allows the accused to secure the attendance of witnesses in his favor through a court order. a) Right to speedy trial b) Right to compulsory process c) Right to confront witnesses d) Right to appeal
Under Art. 125 of the RPC, a person arrested for a crime punishable by a correctional penalty must be delivered to the proper judicial authorities within how many hours? a) 12 hours b) 18 hours c) 36 hours d) 48 hours
Bail becomes a matter of discretion under which of the following circumstances? a) Before conviction in the MTC. b) After conviction in the RTC for an offense not punishable by death, reclusion perpetua, or life imprisonment. c) Before conviction in the RTC for an offense punishable by imprisonment of 4 years. d) After acquittal in the RTC.
The "Miranda Rights" are primarily for the protection of a person during: a) The trial proper b) The filing of the complaint c) Custodial investigation d) The execution of judgment
Which of the following is NOT a form of bail? a) Property bond b) Cash deposit c) Personal loan d) Recognizance
The taking of a person into custody in order that he may be bound to answer for the commission of an offense is called: a) Arraignment b) Search and Seizure c) Arrest d) Conviction
A "citizen's arrest" is lawful when: a) The citizen has a personal grudge against the person. b) The person to be arrested is a public nuisance. c) The person to be arrested has just committed an offense in the citizen's presence. d) The citizen is deputized by a police officer over the phone.
What is the legal principle that protects a person from being tried for the same offense twice? a) Ex post facto law b) Bill of attainder c) Double jeopardy d) Habeas corpus
A security given for the release of a person in custody of the law, to guarantee his appearance in court is: a) Recognizance b) Bail c) Subpoena d) Arraignment
For an arrest in "hot pursuit" to be valid, the arresting officer must have __________ that the person to be arrested committed the crime. a) A gut feeling b) A tip from an anonymous informant c) Personal knowledge of facts and circumstances d) An order from his superior
The right of the accused to be presumed innocent can only be overcome by: a) A confession from the accused b) The testimony of one witness c) A preponderance of evidence d) Proof beyond reasonable doubt
R.A. 7438 defines the rights of a person arrested, detained, or under: a) Preliminary investigation b) Custodial investigation c) Inquest proceedings d) Arraignment
An officer, after announcing his purpose, is refused entry into a house where a suspect is believed to be. The officer may: a) Wait for the suspect to come out. b) Leave and apply for a search warrant. c) Break into the house to make the arrest. d) Ask a neighbor to convince the suspect to surrender.
Which of the following is a "capital offense"? a) An offense punishable by imprisonment of more than 6 years. b) An offense for which the law imposes the death penalty. c) Any offense committed in the capital city. d) An offense punishable by reclusion temporal.
The right of the accused to be informed of the nature and cause of the accusation against him is fulfilled during the: a) Arrest b) Inquest c) Arraignment d) Trial
When an accused fails to appear in court after being released on bail, the bail bond may be: a) Cancelled b) Forfeited c) Increased d) Reduced
A person is arrested for a crime punishable by life imprisonment. He applies for bail. The court should: a) Grant bail as a matter of right. b) Deny bail outright without a hearing. c) Conduct a hearing to determine if the evidence of guilt is strong. d) Grant bail but in a very high amount.
What happens if an extrajudicial confession is obtained in violation of the suspect's Miranda rights? a) It is admissible if corroborated by other evidence. b) It is inadmissible in evidence. c) It can be used to impeach the suspect's testimony. d) The penalty for the crime is reduced.
A person arrested without a warrant for a crime punishable by an afflictive penalty must be delivered to the court within: a) 12 hours b) 18 hours c) 36 hours d) 72 hours
An obligation of record, entered into before a court, where a person is released on the promise of a reputable person in the community to guarantee his appearance is called: a) Property bond b) Cash bail c) Corporate surety d) Recognizance
The right against self-incrimination means the accused: a) Cannot be forced to testify against himself. b) Cannot be questioned by the police. c) Cannot be a witness in any case. d) Cannot be forced to undergo a DNA test.
The constitutional protection that prevents the enactment of a law that makes an act criminal which was not criminal when committed is the prohibition against: a) Bill of attainder b) Ex post facto law c) Double jeopardy d) Unreasonable searches
Arrest may be made: a) Only during office hours. b) Only on weekdays. c) Only during daytime. d) On any day and at any time of the day or night.
The arresting officer must inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued, EXCEPT when: a) The person is a high-ranking official. b) The giving of such information would imperil the arrest. c) The arrest is made at night. d) The person arrested does not speak the local dialect.
Which of the following rights CANNOT be waived by the accused? a) The right to a speedy trial. b) The right to be present at trial. c) The right to confront witnesses. d) The right to be presumed innocent.
A policeman receives a report that a man is selling drugs at a nearby park. He goes there and sees a man who looks "suspicious." He arrests the man. The arrest is: a) Lawful, because of the report. b) Lawful, under the hot pursuit doctrine. c) Unlawful, because there is no overt act committed in his presence. d) Unlawful, because he did not have a warrant with him.
Bail is generally not granted if the offense is punishable by reclusion perpetua and: a) The accused is a flight risk. b) The accused is a repeat offender. c) The evidence of guilt is strong. d) The accused has a pending case.

Answer Key & Explanations

C) To secure the appearance of the accused for trial. - The purpose of bail is not to punish but to ensure the accused attends the trial.
B) In Flagrante Delicto - PO1 Cruz personally saw the crime as it was being committed.
D) Until served or recalled by the court - A warrant of arrest has no expiration date. The 10-day period is for the officer to report on the action taken.
B) Right to compulsory process - This right allows the accused to use the power of the court to summon witnesses and evidence.
B) 18 hours - The periods are 12 (light), 18 (correctional), and 36 (afflictive/capital) hours.
B) After conviction in the RTC for an offense not punishable by death, reclusion perpetua, or life imprisonment. - At this stage, bail is no longer a matter of right.
C) Custodial investigation - These rights are designed to protect a person from coercive interrogation by the state.
C) Personal loan - A personal loan is a private financial transaction and is not a recognized form of bail in court.
C) Arrest - This is the legal definition of arrest under the Rules of Court.
C) The person to be arrested has just committed an offense in the citizen's presence. - This is the essence of a citizen's arrest under the in flagrante delicto rule.
C) Double jeopardy - This constitutional right prevents the state from prosecuting someone for the same crime after an acquittal or conviction.
B) Bail - This is the definition of bail.
C) Personal knowledge of facts and circumstances - For a hot pursuit arrest to be valid, the officer must have personal, not second-hand, knowledge.
D) Proof beyond reasonable doubt - This is the highest standard of proof in criminal cases required to overcome the presumption of innocence.
B) Custodial investigation - R.A. 7438 specifically details the rights during this stage.
C) Break into the house to make the arrest. - Rule 113, Sec. 11 allows for this after the officer has announced his authority and purpose and is refused entry.
B) An offense for which the law imposes the death penalty. - Although the death penalty is currently not imposed, laws defining certain crimes as capital offenses remain.
C) Arraignment - During arraignment, the information is read to the accused in a language they understand, thus informing them of the charge.
B) Forfeited - The bond is forfeited in favor of the government if the accused violates the conditions, such as non-appearance.
C) Conduct a hearing to determine if the evidence of guilt is strong. - For capital offenses, bail is not a right, and the prosecution must be given the opportunity to prove that the evidence of guilt is strong.
B) It is inadmissible in evidence. - This is the "exclusionary rule." Any evidence obtained in violation of the Miranda rights is considered "fruit of the poisonous tree."
C) 36 hours - Afflictive penalties (over 6 years) require delivery to judicial authorities within 36 hours for a warrantless arrest.
D) Recognizance - This is a mechanism for release based on the custody of a reputable person, usually for minor offenses or indigent accused.
A) Cannot be forced to testify against himself. - This is the core of the right against self-incrimination.
B) Ex post facto law - A law that retroactively makes an action a crime is an ex post facto law and is unconstitutional.
D) On any day and at any time of the day or night. - Rule 113 provides that an arrest can be made at any time.
B) The giving of such information would imperil the arrest. - This is the exception to the rule, such as when a suspect is armed and dangerous.
D) The right to be presumed innocent. - This right is fundamental and cannot be waived. The burden is always on the state to prove guilt.
C) Unlawful, because there is no overt act committed in his presence. - Mere suspicion or a "suspicious" look is not probable cause for a warrantless arrest. There was no crime being committed, about to be committed, or just committed.
C) The evidence of guilt is strong. - This is the primary standard used by courts in deciding whether to grant bail for offenses punishable by reclusion perpetua or life imprisonment.