Warrantless arrest
Credit to Author: The Manila Times| Date: Sat, 25 May 2019 14:28:53 +0000
Dear PAO,
My sister was standing in front of our house when two males approached her and introduced themselves as police officers. My sister was then directed to take out the contents of her pockets. Subsequently, my sister was arrested and was brought to the nearest police precinct. My sister told the police officer who interviewed her that she was merely standing in front of our house when she was arrested. Was the arrest of my sister legal and valid?
Chrissy
Dear Chrissy,
Based on your narration, it appears that your situation is governed by Section 5 of Rule 113 of the Rules of Court, which states:
“Section 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
“(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 paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail… xxx”
The arrest of your sister was made without a warrant. In the case of Veridiano vs. People (GR 200370, June 7, 2017), the Supreme Court through Associate Justice Mario Victor Leonen elucidated the first kind of warrantless arrest (in flagrante delicto): “For a warrantless arrest of in flagrante delicto to be affected, two elements must concur: (1) the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and (2) such overt act is done in the presence or within the view of the arresting officer. Failure to comply with the overt act test renders an in flagrante delicto arrest constitutionally infirm.” (Emphasis supplied)
Applying the above-cited provision and jurisprudence in your situation, there was no probable cause for the police officers to believe that your sister was then and there committing a crime. She was merely standing outside your house and did not exhibit any unusual conduct in the presence of the police officers that would incite suspicion. In effecting the warrantless arrest, the police officers arrested your sister absent any overt act from her indicating that a crime has just been committed, was being committed, or is about to be committed. Hence, the arrest of your sister was illegal and unlawful.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
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