Rules of Court: Arrest, Search and Seizure, and Article III Bill of Rights

Flashcards based on Rule 113 (Arrest), Rule 126 (Search and Seizure), and Article III Bill of Rights from the lecture notes.

What is the definition of arrest under Rule 113, Section 1?

Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

How is an arrest made according to Rule 113, Section 2?

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. No violence or unnecessary force shall be used.

What is the duty of the arresting officer executing a warrant under Rule 113, Section 3?

To arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.

What are the time limits for executing a warrant of arrest and reporting its failure under Rule 113, Section 4?

The head of office must cause the warrant to be executed within ten (10) days from receipt. Within ten (10) days after the expiration of the period, the assigned officer must make a report to the issuing judge stating the reasons for failure.

Under Rule 113, Section 5, when is a warrantless arrest by a peace officer or private person lawful?

(a) When the person has committed, is actually committing, or is attempting to commit an offense in his presence; (b) When an offense has just been committed and he has probable cause based on personal knowledge of facts or circumstances; or (c) When the person is an escaped prisoner from a penal establishment or during transit.

At what time may an arrest be made under Rule 113, Section 6?

An arrest may be made on any day and at any time of the day or night.

What must an officer inform the person to be arrested when executing an arrest by virtue of a warrant (Rule 113, Section 7)?

The officer shall inform the person of the cause of the arrest and that a warrant has been issued, unless the person flees, forcibly resists, or giving information imperils the arrest.

When can an officer break into a building or enclosure to effect an arrest under Rule 113, Section 11?

When an officer is refused admittance after announcing his authority and purpose, in order to make an arrest either by virtue of a warrant or without a warrant under Section 5.

Where and when may a person who escapes or is rescued from lawful arrest be retaken (Rule 113, Section 13)?

Any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

Who has the right to visit and confer privately with an arrested person under Rule 113, Section 14?

Any member of the Philippine Bar (at any hour of the day or night upon request) and, subject to reasonable regulations, a relative of the person arrested.

What is a search warrant as defined in Rule 126, Section 1?

A search warrant is an order in writing issued 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.

What personal property may be seized under a search warrant (Rule 126, Section 3)?

(a) Property subject of the offense; (b) Stolen or embezzled property and other proceeds, or fruits of the offense; or (c) Property used or intended to be used as the means of committing an offense.

What are the requisites for issuing a search warrant under Rule 126, Section 4?

Probable cause in connection with one specific offense, determined personally by the judge after examination under oath or affirmation of the complainant and witnesses, particularly describing the place to be searched and things to be seized.

In whose presence must a search of a house, room, or premise be made under Rule 126, Section 8?

In the presence of the lawful occupant or any member of his family, or in their absence, two witnesses of sufficient age and discretion residing in the same locality.

What is the period of validity of a search warrant under Rule 126, Section 10?

A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void.

What is a search incident to a lawful arrest under Rule 126, Section 13?

A search of a lawfully arrested person for dangerous weapons or anything which may have been used or constitute proof in the commission of an offense, conducted without a search warrant.

Where must a motion to quash a search warrant or to suppress evidence be filed (Rule 126, Section 14)?

In the court where the action has been instituted. If no criminal action has been instituted, it may be filed in and resolved by the court that issued the search warrant.

What rights are guaranteed under Article III, Section 1 of the Bill of Rights?

No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

What guarantee is provided by Article III, Section 2 of the Bill of Rights?

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 is inviolable.

What additional specialized search types or exceptions are enumerated alongside Article III in the lecture notes?

Stop-and-frisk, Checkpoint / Search of moving vehicle, Airport / Port searches, and Custom search.