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2. To make an arrest, a person need not be actually restrained by the person making
the arrest. Under the Rules of Court, a submission to the custody of the person
making the arrest already constitutes an arrest (Sec. 2, Rule 113, Rules of Court).
Whichever means is used to make an arrest, the term necessarily implies control
over the person under custody and as a consequence, a restraint on his liberty to
the extent that he is not free to leave on his own volition.
The head of the office to whom the warrant of arrest was delivered 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 for its non-execution (Sec. 4, Rule
113, Rules of Court).
2. When making an arrest by virtue of a warrant, the officer shall (a) inform the
person to be arrested of the cause of his arrest, and (b) inform him of the fact that a
warrant has been issued for his arrest. The information need not be made when the
person to be arrested (a) flees, (b) forcibly resists, or (c) the giving of the
information will imperil the arrest (Sec. 7, Rule 113, Rules of Court).
3. The officer need not have the warrant in his possession at the time of the arrest.
However, after the arrest, the warrant shall be shown to him as soon as practicable,
if the person arrested so requires (Sec. 7, Rule 113, Rules of Court).
Who may make the warrantless arrest; duty of officer; citizen's arrest
The warrantless arrest may be made not only by a peace officer but also by a
private person. When the latter makes the arrest under the circumstances provided
for under the Rules, the arrest is called "citizen's arrest"
A peace officer or a private person may, without a 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 (People v. Garcia, 529 SCRA 519, August 8,2007).
The officer assigned to execute the warrant of arrest has the duty to deliver the
person arrested to the nearest police station or jail without unnecessary delay (Sec.
3, Rule 113, Rules of Court).
"* * * When an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts and circumstances that the person to be arrested
has committed it * * *."
2. The second instance of lawful warrantless arrest covered by paragraph (b) cited
above necessitates two stringent requirements before a warrantless arrest can be
effected: (1) an offense has just been committed; and (2) the person making the
arrest has personal knowledge of facts indicating that the person to be arrested has
committed it (People v. Agojo, G.R. No. 181318, April 16,2009). Under this exception
a warrantless arrest made, one year after the offense was allegedly committed is an
illegal arrest. (Bar 1997; 2004)
This information need not be given (a) if the person to be arrested is engaged in the
commission of an offense, (b) is in the process of being pursued immediately after
its commission, (c) escapes or flees, or (d) forcibly resists before the officer has the
opportunity to so inform him, or (e) when the giving of such information will imperil
the arrest (Sec. 8, Rule 113, Rules of Court). The rules applicable to an arrest with a
warrant also apply to an arrest without a warrant. Hence, the officer may summon
assistance to effect the arrest, break into a building or an enclosure or break out
from the same (Sees. 11-12, Rule 113).