LAW ENFORCEMENT

OPERATION
RULES ON CRIMINAL PROCEDURE
ARREST
SEARCH AND SEIZURE
Section 1: Institution of Criminal
Actions
 For offenses where a preliminary
investigation is required
 For all other offenses
Section 2: Complaint or Information
 Shall be in writing
 In the name of the People of the Philippines
 Against all persons who appear to be

responsible for the offense involved.

Section 3: Complaint defined
 Is a sworn written statement charging a
person with an offense, subscribed by the
offended party, any peace office, or other
public officer charged with the enforcemnet
of the law
Information
 Is an accusation in writing charging a person
with an offense, subscribed by the prosecutor
and filed with the court.
Who must prosecute criminal
actions?
 All criminal actions commenced by a
complaint or information shall be prosecuted
under the direction and control of the
prosecutor.
Rule 112: Preliminary Investigation
 Preliminary investigation- is an inquiry to
determine whether there is sufficient ground
to engender a well-founded belief that a
crime has been committed and the
respondent is probably guilty thereof, and
should be held for trial.
 A Preliminary investigation is required to be

conducted for an offense where the penalty

prescribed by law is at least four(4) years,
two(2)months and one(1) day without regard
to fine.
Officers authorized to conduct PI
A. Provincial or City Prosecutors and their
assistants
B. Judges of the MTC and MCTC
C. National and Regional State Prosecutors
D. Other officers as may be authorized by law

* The authority to conduct PI shall include all

crimes cognizable by the proper court in their
respective territorial jurisdictions.
Procedure in conducting PI
a. The complaint shall state the address of the
respondent and shall be accompanied by the
affidavits of the complainant and his witnesses, as
well as other supporting documents to establish
probable cause. The affidavit shall be subscribed
and sworn before any prosecutor or government
official authorized to administer oath, or in their
absence or unavailability before a notary public,
each of whom must certify that he personally
examined the affiants and that he is satisfied that
they voluntarily executed and understood their
affidavits.
b. Within 10 days after filing of the complaint,
the investigating officer shall either dismiss it if
he finds no ground to continue with the
investigation, or issue a subpoena to the
respondent attaching to it a copy of the
complaint and its supporting affidavits and
documents.
c. Within 10days from receipt of the subpoena
with the complaint and supporting affidavits
and documents , the respondent shall submit
his counter-affidavit and that of his witnesses
and other supporting documents relied upon
for his defense.
d. If the respondent cannot be subpoenaed, or
if subpoenaed, does not submit counter-
affidavits within 10day period, the investigating
officer shall resolve the complaint based on the
evidence presented by the complainant.
e. The investigating officer may set a hearing if
there are facts and issues to be clarified from a
party or a witness. The hearing shall be held
within 10 days from submission of the counter-
affidavits. It shall be terminated within 5 days.
Resolution of Investigating
Prosecutor
 If the investigating prosecutor finds cause to
hold the respondent for trial, he shall prepare
the resolution and information. Within 5 days
from his resolution, he shall forward the
record of the case to the Provincial or city
prosecutor of chief state prosecutor.
Arrest
Is the taking of person onto custody that he
may be bound to answer for the commission of
an offense.
 POP. 2.6 Arrest
a. General Guidelines
 1) All arrests should be made only on the
basis of a valid warrant of arrest issued by a
judge, except in instances where the law
allows warrantless arrest.
 2) No violence or unnecessary force shall be

used in making an arrest, and the person to

be arrested shall not be subjected to any
restraint greater than what is necessary under
the circumstances. (The Revised Rules of
Criminal Procedure, rule 113 sec. 2).
 POP. 2.6 Arrest
a. General Guidelines
 3) Arrests can be made on any day of the
week and at any time of the day or night (The
Revised Rules of Criminal Procedure, rule 113
sec. 6).
 4) If the accused is already in detention, a

return, together with required documents,

shall be made for any standing warrants of
arrest issued after the service.
 POP. 2.6 Arrest
a. General Guidelines
 5) A senator or member of the House of
Representatives shall, in all offenses punishable
by not more than six years imprisonment, be
privileged from arrest while the congress is in
session. No member shall be questioned nor be
held liable in any other place for any speech or
debate in the congress or in any committee
thereof (Const. (1987), art. VI sec. 11 (Phil.).
 6) Diplomatic agents and couriers, under the
Vienna Convention on Diplomatic Relations (1961
p8), are not liable to any form of arrest or
detention.
Arrest; how made?
 By an actual restraint of a person
 Or by his submission to the custody of the

person making the arrest

NO violence or unnecessary force shall be used

in making an arrest. The person shall not be
subject to a greater restraint than is necessary
for his detention.
Authority of the Arresting Officer
when Making an Arrest
 1) A police officer making a lawful arrest may
verbally summon as many persons as he/she
deems necessary to assist him/her in effecting the
arrest (The Revised Rules of Criminal Procedure,
rule 113 sec. 10).
 2) A police officer, in order to make an arrest with
or without warrant, may break into a building or
enclosure where the person to be arrested is or is
reasonably believed to be in, if he is refused
admittance thereto, after announcing his/her
authority and purpose (The Revised Rules of
Criminal Procedure, rule 113 sec. 11).
Authority of the Arresting Officer
when Making an Arrest
 3) Whenever a police officer has entered the
building or enclosure to make an arrest,
he/she may break out therefrom, when
necessary, to liberate him/herself (The Revised
Rules of Criminal Procedure, rule 113 sec. 12).
 4) If a person lawfully arrested escapes or is
rescued, any person may immediately pursue
to retake him/her without a warrant at any
time and in any place within the Philippines
(The Revised Rules of Criminal Procedure, rule
113 sec. 13).
Duty of arresting officer
 To arrest the accused and deliver him to the
nearest police station or jail without
unnecessary delay.
Execution of Warrant
 It should be executed within ten (10) days
from its receipt. Within 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.
Arrest with Warrant
 The warrant of arrest is the written authority for the
arresting officer when making an arrest or taking of a
person into custody in order that he/she may be
bound to answer for the commission of an offense.
The head of the office to whom the warrant of arrest
has been delivered for implementation shall cause the
warrant to be implemented within ten days from
receipt. Within ten days after the expiration of such
period, the police officer to whom it was assigned for
implementation shall make a report to the judge who
issued the warrant and in case of his/her failure to
implement the same, shall state the reasons thereof.
Arrests without a Warrant
1) A peace officer or a private person may,
without a warrant, arrest a person:
a) When, in his/her presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit an
offense;
b) b) When an offense has just been committed
and he/she has probable cause to believe,
based on personal knowledge of facts or
circumstances, that the person to be arrested
has committed it;
Arrests without a Warrant
c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he/she is serving final judgment or
temporarily confined while his/ her case is
pending, or has escaped while being
transferred from one confinement area to
another (The Revised Rules of Criminal
Procedure, rule 113 sec. 5);
Arrests without a Warrant
d) Where the accused released on bail attempts
to leave the country without court permission;
e) Violation of conditional pardon, punishable
under Article 159 of the Revised Penal Code as
a case of evasion of service of sentence; and
f) Arrest following a Deportation Proceeding by
the Immigration Commissioner against illegal
and undesirable aliens.
Search Warrant
 Is an order in writing in the name of the
People of the Philippines, signed by a judge
and directed to a peace officer, commanding
him to search for personal property described
therein and bring it before the court.
Search and Seizure
a. Requisites for the Issuance of Search Warrant.
A search warrant shall be issued only upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses presented.
The search warrant shall particularly describe the place to
be searched and the things to be seized which may be
anywhere in the Philippines. It includes the order requiring
the use of at least one BWC and one ARD, or a minimum of
two devices, or such number as may be necessary to
capture and record the relevant incidents during its
execution.
1) The following properties may be the objects of a
search warrant:
a) Properties which are the subject of the
offense;
b) Stolen, embezzled proceeds, or fruits of the
offense; and
c) Objects including weapons, equipment, and
other items used or intended to be used as the
means of committing an offense.
2) Objects that are illegal per se, even if not
particularly described in the search warrant, may be
seized under the plain view doctrine.
Validity of Search Warrant
1) The warrant shall be valid for ten days from
date of issuance and may be served at any
day within the said period. Thereafter, it
shall be void.
2) If, in the implementation of the search
warrant, its object or purpose cannot be
accomplished in one day, the search shall be
continued without let up even if it exceeds one
day or more until completed, provided it is still
within the ten-day validity period of the search
warrant.
Validity of Search Warrant
3) If the object or purpose of the search warrant
cannot be accomplished within the ten-day
validity period, the responsible police officer
conducting the search must file, before the
issuing court, an application for the extension
of the validity period of said search warrant.
Time of Search
The warrant should be served during
daytime, unless there is a provision in the
warrant allowing service at any time of the day
or night.
Valid Search and Seizures Without
Search Warrant
1) Search Made Incidental to a Valid Arrest. A
person lawfully arrested may be searched for
dangerous weapons or anything which may be
used, or which may constitute proof in the
commission of an offense, without a search
warrant (The Revised Rules of Criminal
Procedure, rule 126 sec. 13). The warrantless
search and seizure as an incident to a lawful
arrest may extend beyond the person of the
arrested to include the premises or
surroundings under his/her immediate control.
Valid Search and Seizures Without
Search Warrant
2) Search of Moving Vehicles. If the police
officers who will conduct the search have
reasonable or probable cause to believe, before
the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to
be searched, the vehicle may be stopped and
subjected to an extensive search.
Valid Search and Seizures Without
Search Warrant
3. Seizure Of Evidence in Plain View. Any object in the
plain view is subject to seizure and may be introduced
as evidence. Requirements under the Plain View
Doctrine are:
a) The police officer must have prior justification for
an intrusion or, otherwise, must be in a position
from which he/she can view a particular area;
b) The discovery of the evidence in plain view is
unintentional; and
c) It is immediately apparent to the police officer that
the item he/she observes may be evidence of a
crime, contraband, or is a valid subject of seizure.
Valid Search and Seizures Without
Search Warrant
4) When there is a Waiver of Right or there is
Consented Search. To constitute a waiver of this
constitutional right, it must appear, first, that
the right exists; second, that the person
involved had knowledge, either actual or
constructive, of the existence of such right; that
said person had an actual intention to
relinquish the right (“G.R. No. L-45950”, 1938).
Valid Search and Seizures Without
Search Warrant
5) Searches Under Stop and Frisk Rule. The
police officer has the right to stop a citizen,
interrogate him/her, and pat him/her for
weapons whenever he/she has genuine reason
to believe, based on experiences and the
particular circumstances that a criminal activity
may be afoot.
Valid Search and Seizures Without
Search Warrant
6) Emergency and Exigent Circumstances. A
search warrant could be validly dispensed with
in cases of exigent and emergency situation,
and the police officers have reasonable grounds
to believe that a crime is being committed, and
they have no opportunity to apply for a search
warrant from the courts because the latter were
closed.