legal arrest

On 01 January 2021, while most of the people were celebrating new year, a 23-year-old flight attendant at Philippine Airlines was found unconscious in the bathtub of a hotel room.

 

3 individuals who were among the 11 persons being investigated by the Makati City police were immediately arrested.  Days after, the 3 suspects were release, following the Makati City prosecutor's office order, which noted that more evidence is needed to determine if the incident was a rape-slay.

 

At this point, it is important to know when can a person be lawfully arrested in the Philippines.

 

The general rule is that if you are suspected of a crime, the police cannot just come to arrest you. He would need a warrant of arrest.  A warrant of arrest is issued by a judge after personally evaluating the report submitted by the prosecutor on the existence of probable cause.

 

However, there are exceptions to the rule.  A policeman may arrest a person without a warrant under the following instances:

a.  When the person to be arrested has committed, is committing or is attempting to commit an offense in his presence;

b.  When an offense has just been committed and the arresting officer has probable cause to believe, based on his personal knowledge of facts or other circumstances, that the person to be arrested has committed the offense;

c.  When the person to be arrested is an escapee or detainee.


when can a person be lawfully arrested in the Philippines

 

On 01 January 2021, while most of the people were celebrating new year, a 23-year-old flight attendant at Philippine Airlines was found unconscious in the bathtub of a hotel room.

 

3 individuals who were among the 11 persons being investigated by the Makati City police were immediately arrested.  Days after, the 3 suspects were release, following the Makati City prosecutor's office order, which noted that more evidence is needed to determine if the incident was a rape-slay.

 

At this point, it is important to know when can a person be lawfully arrested in the Philippines.

 

The general rule is that if you are suspected of a crime, the police cannot just come to arrest you. He would need a warrant of arrest.  A warrant of arrest is issued by a judge after personally evaluating the report submitted by the prosecutor on the existence of probable cause.

 

However, there are exceptions to the rule.  A policeman may arrest a person without a warrant under the following instances:

a.  When the person to be arrested has committed, is committing or is attempting to commit an offense in his presence;

b.  When an offense has just been committed and the arresting officer has probable cause to believe, based on his personal knowledge of facts or other circumstances, that the person to be arrested has committed the offense;

c.  When the person to be arrested is an escapee or detainee.




8F Cobankiat Bldg II, 231 Juan Luna St, Binondo, Manila, 1006 Metro Manila +63 9562497719(wendy) [email protected]
Practice Areas
  • Civil (Contractual and Property Relations)
  • Criminal (Litigation and Dispute Resolution)
  • Labor and Employment
  • Corporate and Investment
  • Legal Retainership
  • Special Projects and Other Commercial Transactions
TwoCode

Scan the QR code and contact us.

© Copyright 2020 - Developed by : 龙科技