Constitutional Lecture Jan 21 Atty Jumao-as
January 21, 2012
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Transcribed by: Jade Canada
Lets talk about
------------------------------------------------- valid warrantless arrest
The first instance would be your case of IN FLAGRANTE DELICTO arrest meaning “caught in the act” this is governed by the Rule 113, Section 5 of the ROC particularly
Sec. 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 paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. |
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IN FLAGRANTE DELICTO
What can you observed from this statement? “When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;” the police officer is witness to the commission of the offense in other words he was caught in the act! The long standing rule therefore is that reliable information solely /alone would not suffice to justify warrantless arrest. The arresting officer must have personal knowledge . what do you mean by personal knowledge? He has actually seen it , heard it indicating that the person to be arrested has committing , was committing
-------------------------------------------------
Transcribed by: Jade Canada
Lets talk about
------------------------------------------------- valid warrantless arrest
The first instance would be your case of IN FLAGRANTE DELICTO arrest meaning “caught in the act” this is governed by the Rule 113, Section 5 of the ROC particularly
Sec. 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 paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. |
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IN FLAGRANTE DELICTO
What can you observed from this statement? “When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;” the police officer is witness to the commission of the offense in other words he was caught in the act! The long standing rule therefore is that reliable information solely /alone would not suffice to justify warrantless arrest. The arresting officer must have personal knowledge . what do you mean by personal knowledge? He has actually seen it , heard it indicating that the person to be arrested has committing , was committing