Rule 113

• Arrest


  The taking of a person into custody in order that he may be bound to answer for the commission of an offense
• Arrest; how made


  1. Actual restraint of a person to be arrested

  2. Submission to the custody of the person making the arrest
• No violence or unnecessary force shall be used in making an arrest
• The person arrested shall not be subject to a greater restraint than is necessary for his detention
• Execution of warrant


  1. Head of office to whom warrant was delivered shall cause it to be executed within 10 days

  2. Officer to whom it was assigned shall make a report to the judge who issued the warrant within 10 days after the expiration of the period, stating reasons for failure to execute
• When arrest without warrant is lawful


  • When, in officer's presence, person has committed, is committing, or is attempting to commit an offense
  • When an offense has just been committed and officer has probable cause to believe person has committed it
  • When person is a prisoner who has escaped
• In cases where arrest is without warrant, person arrested shall be forthwith delivered to nearest police station or jail and proceeded against in accordance with section 7 of Rule 112
• An arrest may be made on any day and at any time of the day or night
• Method of arrest by officer by virtue of warrant

  1. Inform person of cause of arrest and fact warrant has been issued, except when person flees or resists before officer can inform, or when informing will imperil arrest

  2. Need not have warrant at time of arrest but shall show it as soon as practicable if person requests
• Method of arrest by officer without warrant

  Inform person of authority and cause of arrest, unless person is engaged in, pursued after, has escaped, flees or resists before officer can inform, or when informing will imperil arrest
• Method of arrest by private person


  Inform person of intention to arrest and cause of arrest, unless person is engaged in, pursued after, has escaped, flees or resists before person can inform, or when informing will imperil arrest
• Officer making lawful arrest may orally summon as many persons as needed to assist, and every person so summoned shall assist when possible without detriment to themselves
• Officer may break into building or enclosure where person to be arrested is or is reasonably believed to be, if refused admittance after announcing authority and purpose
• Officer who has entered building or enclosure may break out when necessary to liberate themselves
• If person lawfully arrested escapes or is rescued, any person may immediately pursue or retake them without a warrant at any time and in any place within the Philippines
• Any member of the Philippine Bar shall have the right to visit and confer privately with arrested person in jail or place of custody at any hour, and subject to reasonable regulations, a relative can also exercise the same right