Chapter 2

Review of Related Literature

This chapter provides collected related literatures for the study. It contains brief
discussions about the different topics used in the study such as the legal bases,
illustrative examples and other relative ideas that contribute to the presentation of the
research study.

Legal Bases
As a general rule, an arrest may be done only by virtue of a valid warrant of
arrest. The 1987 Philippine Constitution guarantees that the right of the people to be
secure in their persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable..xxx.1
The Constitution, therefore, does not forbid warrantless arrests or seizures; it
only forbids unreasonable arrests of seizures. Thus, there are certain instances wherein
an arrest without warrant is allowed. The Rules of Court provides:
Sec. 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

1
Art. 3 Section 2 1987 Philippine Constitution
 (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.2

Citizen’s Arrest – When and how made.

The Rules of Court defines arrest as the taking of a person into custody in order
that he may be bound to answer for the commission of an offense.3 An arrest 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. 4 It may be made on any day and at any time of the day or
night. 5
Section 5 of Rule 113 of the Revised Rules of Criminal Procedure provides that a
peace office or a private person may, without a valid 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. This refers to arrest in flagrante delicto or caught in
the act of committing a crime.

Also, a warrantless or citizen’s arrest may be done when, after an offense has
just been committed the one arresting has personal knowledge of facts and
circumstances that the person to be arrested committed it or otherwise called as hot
pursuit arrest. In this, personal knowledge is required. "Personal knowledge" of facts in
arrests without a warrant under Section 5 (b) of Rule 113 must be based upon "probable
cause" which means an "actual belief or reasonable grounds of suspicion." The grounds
of suspicion are reasonable when, in the absence of actual belief of the arresting
officers, the suspicion that the person to be arrested is probably guilty of committing the

2
Rule 113, Section 5, Rules of Court
3
Rule 113, Section 1, Rules of Court
4
Rule 113, Section 2, Rules of Court
5
Rule 113, Section 3, Rules of Court
offense is based on actual facts, i.e., supported by circumstances sufficiently strong in
themselves to create the probable cause of guilt of the person to be arrested. A
reasonable suspicion therefore must be founded on probable cause, coupled with good
faith on the part of the peace officers making the arrest. 6

Lastly, anyone may arrest a convict who has escaped from prison. 

Illustrative examples:

In Flagrante Delicto

1. Suppose A entered into the house of B with the intent to steal the
latter’s beautiful and expensive painting. When A is about to take B’s
painting hanging on the wall, B caught him.

B may validly make a citizen’s arrest against A because this is a case of in

flagrante delicto. A is actually committing an offense when the arrest was
made.

In continuing offenses, the culprit could be arrested any time in flagrante

delicto.  As in cases of Rebellion. Since rebellion is a continuing offense, a rebel
may be arrested at any time, with or without a warrant, as he is deemed to be in
the act of committing the offense at any time of the day or night. 7

Hot Pursuit

6
People v. Doria, 301 SCRA 668, 709 (1991)
7
Umil v. Ramos 187 SCRA 311, July 9,1990; 202 SCRA 251, October 3, 1991
 2. Suppose A entered the house of B and killed the latter. Just after A
stabbed B to death and was about to flee, X arrived seeing A still holding
the knife.

X, having personal knowledge of the facts and circumstances that A

committed the crime may validly arrest A in hot pursuit.

When the person to be arrested is an escapee.

3. Suppose A after having been convicted of the crime of Murder

escaped from prison, X, or any other persons knowing the fact that A is
an escape may validly arrest the latter.

Generally, when making an arrest, a private person shall inform the person to be
arrested of the intention to arrest him and the case of the arrest, unless the latter is
either engaged in the commission of an offense, is pursued immediately after its
commission, or has escaped, flees, or forcibly resists before the person making the
arrest has opportunity to so inform him, or when the giving of such information will
imperil the arrest.8 However, 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.9

After the arrest, it shall be the duty of the person making the arrest to deliver
the arrested person to the nearest police station or jail without unnecessary delay. 10

8
Rule 113, Section 9, Rules of Court

9
Rule 113, Section 2, Rules of Court

10
Rule 113, Section 2, Rules of Court
 But, suppose in the course of the arrest, the person to be arrested resists or
becomes violent, what may the person making the arrest do?

Under the Rules, an officer or the person making a lawful arrest may orally
summon as many persons as he deems necessary to assist him in effecting the arrest.
Every person so summoned by an officer shall assist him in effecting the arrest when he
can render such assistance without detriment to himself. 11
Also, in order to make an arrest he 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.12
Whenever he has entered the building or enclosure, he may break out therefrom when
necessary to liberate himself.13

LIABILITY OF PERSON’S MAKING AN INVALID OR FOR EXCESSIVELY MAKING A VALID

CITIZEN’S ARREST

As discussed, a valid citizen’s arrest may be made having already been discussed,
e.g. in flagrante delicto, hot pursuit and in case of a convict who escapes from jail.
Outside these circumstances, a warrantless or citizen’s arrest is invalid.

What is the duty of the arresting officer or individual after a warrantless

arrest?

11
Rule 113, Section 10, Rules of Court

12
Rule 113, Section 11, Rules of Court

13
Rule 113, Section 12, Rules of Court
 Article 125 of the Revised Penal Code requires the arresting officer or individual
to deliver to the proper judicial authorities a person arrested and detained by virtue of
warrant less arrest within the prescribed hours:

1. 12 hours for offenses punishable by light penalties or

their equivalent;

2. 18 hours for offenses punishable by correctional

penalties or their equivalent; and

3. 36 hours for offenses punishable by afflictive penalties

or their equivalent.

“Deliver to the proper judicial authorities” simply means that appropriate

charges should be filed in court against the accused and thus it should be within the
prescribed hours mentioned depending upon the gravity of the offense committed.

If after the prescribed hours, the arresting officer who is a public officer or
employee did not file charges against the suspect within the ambit of Article 125, he can
be charged for “delay in the delivery of the proper persons to the proper judicial
authorities” under Article 125 of the Revised Penal Code. If the arresting person is a
private individual, the charged can be “illegal detention” under Article 267 of the revised
Penal Code.

The one making the citizen's arrest must inform the person of the intention to
arrest him and the cause of the arrest unless the crime is being committed in front of
the citizen or he/she is in hot pursuit of the offender or the one being arrested violently
resists the arrest. It is also the legal obligation of the arresting citizen to immediately
deliver the person arrested to the nearest police station. If this is not done, the crime of
unlawful arrest14, slight illegal detention15 or even serious illegal detention or
kidnapping16, as the case may be, might just be committed by the people making the
arrest.
Just recently, the news reports about actor Vhong Navarro’s mauling incident
have brought to fore this right to make a citizen's arrest when the group of Cedrice Lee
went to the Forbeswood Condominium allegedly to make a citizen’s arrest on Navarro
because of the latter’s alleged attempt to rape Deniece Cornejo. But when Navarro was
brought to the police station, he was already seriously battered.
Vhong Navarro charged the group of Lee and Cornejo of the crime of serious
illegal detention as they inflicted serious physical injuries while making the arrest which
turned out to be unlawful and they detained Navarro for a period of time, before
delivering him to the police station. The group was charged of Serious Illegal Detention,
14
Art. 269, Revised Penal Code. The penalty of arresto mayor and a fine not exceeding
500 pesos shall be imposed upon any person who, in any case other than those
authorized by law, or without reasonable ground therefor, shall arrest or detain another
for the purpose of delivering him to the proper authorities.

15
Art. 268, RPC The penalty of reclusion temporal shall be imposed upon any
private individual who shall commit the crimes described in the next preceding
article without the attendance of any of circumstances enumerated therein.The
same penalty shall be incurred by anyone who shall furnish the place for the
perpetration of the crime.If the offender shall voluntarily release the person so
kidnapped or detained within three days from the commencement of the
detention, without having attained the purpose intended, and before the
institution of criminal proceedings against him, the penalty shall be prision
mayor in its minimum and medium periods and a fine not exceeding seven
hundred pesos.
16
Art. 267, RPC Any private individual who shall kidnap or detain another, or in any
other manner deprive him of his liberty, shall suffer the penalty of reclusion perpetua to
death: (1). If the kidnapping or detention shall have lasted more than five days. (2). If it
shall have been committed simulating public authority. (3). If any serious physical
injuries shall have been inflicted upon the person kidnapped or

detained; or if threats to kill him shall have been made. (4). If the person kidnapped or
detained shall be a minor, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.
or commonly known as kidnapping under Article 267 (3) of the Revised Penal Code
which is punishable by reclusion perpetua or imprisonment for a period ranging from 20
years and 1 day to 40 years. The prosecutor, after preliminary investigation found
probable cause to file information in court.

STRICT CONSTRUCTION AGAINST WARRANTLESS/ CITIZEN’S ARRESTS

The right of a person to be secure against any unreasonable seizure of his body
and any deprivation of his liberty is a most basic and fundamental one.  The statute or
rule which allows exceptions to the requirement of warrants of arrest is strictly
construed.  Any exception must clearly fall within the situations when securing a
warrant would be absurd or is manifestly unnecessary as provided by the Rule. We
cannot liberally construe the rule on arrests without warrant or extend its application
beyond the cases specifically provided by law.  To do so would infringe upon personal
liberty and set back a basic right so often violated and so deserving of full protection. 17

CONCLUSION

Citizen’s arrest if validly executed is beneficial to the society in the sense that a
private individual is empowered to make an arrest himself without a need to go to the
police station and ask and wait for the authority’s help. On the other hand, it is
disadvantageous in the sense that it endangers the life of the one making arrest and
exposes the latter to the perils of resistance from the person to be arrested as well as to
possible criminal and civil liabilities should he not make the arrest in accordance with
law and the Rules.
Thus, the right of an ordinary citizen to make arrest could both be regarded as an
empowerment and endangerment on their part.

17
People v. Burgos