Human Rights and the

Revised Penal Code

Lecturer
 The PNP shall enforce the
law, prevent and control
crimes, maintain peace and
order, and ensure public
safety and internal security
with the active support of
the community.
Rule 113
ARREST
 ARREST
• Arrest is the taking of a person into
custody in order that he may be bound
to answer for the commission of an
offense.
 Arrest: How Made
• 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 in making an arrest. The person
arrested shall not be subject to a greater
restraint than is necessary for his detention.
 Duty of Arresting Officer
• It shall be the duty of the officer
executing the warrant to arrest the
accused and to deliver him to the
nearest police station or jail without
unnecessary delay.
 Execution of Warrant
• The head of the office to whom the warrant
of arrest was delivered for execution shall
cause the warrant to be executed within ten
(10) days from its receipt. Within ten (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. In case of his failure
to execute the warrant, he shall state the
reasons therefor
 Warrantless Arrest
a) When, in his presence, the person to
be arrested has committed, is actually
committing, or is attempting to
commit an offense;
 Warrantless Arrest
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
 Warrantless Arrest
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.
 Warrantless Arrest
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 and shall be
proceeded against in accordance with section
7 of Rule 112. (5a)
 Time of Making Arrest
• An arrest may be made on any day and at
any time of the day or night.
Method of Arrest by Officer
by Virtue of Warrant
When making an arrest by virtue
of a warrant, the officer shall
Inform the person to be arrested
of the cause of the arrest and of the fact that a
warrant has been issued for his arrest, except when
he flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of
such information will imperil the arrest. The officer
need not have the warrant in his possession at the
time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to
him as soon as practicable.
 Method of Arrest by Officer Without
Warrant.
• When making an arrest without a warrant,
the officer shall inform the person to be
arrested of his authority and the cause of
the arrest, unless the latter is either
engaged in the commission of an offense, is
pursued immediately after its commission,
has escaped, flees or forcibly resists before
the officer has opportunity so to inform him,
or when the giving of such information will
imperil the arrest.
 Method of Arrest by Private Person
When making an arrest, a private person
shall inform the person to be arrested of the
intention to arrest him and cause of the arrest,
unless the latter is either engaged in the
commission of an offense, is pursued immediately
after its commission, or has escaped, flees, or
forcibly resists before the person making the
arrest
has opportunity to so inform
him, or when the giving of
such information will imperil
the arrest.
 Officer May Summon Assistance
• An officer making a lawful arrest may orally
summon as many persons as he deems
necessary to assist him in effecting the
arrest. Every person so summoned by an
officer shall assist him in effecting the arrest
when he can render such assistance without
detriment to himself.
 Right of Officer to Break In
An officer, in order to make an arrest either by
virtue of a warrant, or without a warrant as
provided in section 5, may break into any
building or enclosure where the person to be
arrested is or is reasonably believed to be, if
he is refused admittance thereto, after
announcing his authority and purpose.
 Right to Break Out
• Whenever an officer has entered the building
or enclosure in accordance with the
preceding section, he may break out
therefrom when necessary to liberate
himself.
 Arrest After Escape or Rescue.
• If a person lawfully arrested escapes or
is rescued, any person may
immediately pursue or retake him
without a warrant at any time and in
any place within the Philippines.
Right of Attorney or Relative to Visit
Person Arrested
Any member of the Philippine Bar shall, at
the request of the person arrested or of
another acting in his behalf, have the right
to visit and confer privately with such person
in the jail or any other place of custody at
any hour of the day or night. Subject to
reasonable regulations, a relative of the
person arrested can also exercise the same
right.
 Article 269 Revised Penal Code
Unlawful Arrest. — The penalty of arresto
mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, in
any case other than those authorized by law,
or without reasonable ground therefor, shall
arrest or detain another for the purpose of
delivering him to the proper authorities.
 Arbitrary Detention
Any public officer or employee who, without legal
grounds, detains a person

1. The penalty of arresto mayor in its maximum period to

prisión correccional in its minimum period, if the detention
has not exceeded three days;
2. The penalty of prisión correccional in its medium and
maximum periods, if the detention has continued more
than three but not more than fifteen days;
3. The penalty of prisión mayor, if the detention has
continued for more than fifteen days but not more than
six months; and
4. That of reclusión temporal, if the detention shall have
exceeded six months.

Article 124 RPC

Delay in the Delivery of Detained Persons
to the Proper Judicial Authorities
Any public officer or employee who shall
detain any person for some legal ground and
shall fail to deliver such person to the proper
judicial authorities within the period of one
hour.

Article 125 RPC

 Delaying Release
Any public officer or employee who delays for
the period of time specified therein the
performance of any judicial or executive
order for the release of a prisoner or
detention prisoner, or unduly delays the
service of the notice of such order to said
prisoner or the proceedings upon any petition
for the liberation of such person

Article 126 RPC

 Expulsion
Any public officer or employee who, not being
thereunto authorized by law, shall expel any
person from the Philippine Islands or shall
compel such person to change his residence.

Article 128 RPC

 Violation of Domicile
• Any public officer or employee who, not
being authorized by judicial order, shall
enter any dwelling against the will of the
owner thereof, search papers or other
effects found therein without the previous
consent of such owner, or, having
surreptitiously entered said dwelling, and
being required to leave the premises, shall
refuse to do so.

Article 128 RPC

Search Warrants Maliciously Obtained
and Abuse in the Service of Those
Legally Obtained
Any public officer or employee who shall
procure a search warrant without just cause,
or, having legally procured the same, shall
exceed his authority or use unnecessary
severity in executing the same.

Article 129 RPC

Searching Domicile Without Witnesses

A public officer or employee who, in cases

where a search is proper, shall search the
domicile, papers or other belongings of any
person, in the absence of the latter, any
member of his family, or in their default,
without the presence of two witnesses
residing in the same locality.

Article 130 RPC

 Maltreatment of Prisoners.
• Any public officer or employee who shall
overdo himself in the correction or handling
of a prisoner or detention prisoner under his
charge, by the imposition of punishment not
authorized by the regulations, or by
inflicting such punishment in a cruel and
humiliating manner.

Article 235 RPC

 Extra Judicial Killing
An extrajudicial killing is
the killing of a person by
governmental authorities
without the sanction of any
judicial proceeding or legal
process. Extrajudicial punishme
nts are mostly seen by
humanity to be unethical, since
they bypass the due process of
the legal jurisdiction in which
they occur.
The RPC provides justifying circumstances
that do not incur criminal liability (Article 11).
These are as follows:

[Link] aggression.
[Link] necessity of the means
employed to prevent or repel it.
[Link] of sufficient provocation on the part of
the person defending himself.
Revised PNP Operational Procedures
Rule 8.1 Use of Firearm When Justified

The use of the firearm is justified when the offender

poses imminent danger of causing death or injury to
the police officer or other persons. The use of firearm
is also justified under the doctrines of self-defense,
defense of relative, and defense of a stranger.
However, one who resorts to self defense must face a
real threat on his life, and the peril sought to be
avoided must be actual, imminent and real. Unlawful
aggression should be present for self-defense to be
considered as justifying circumstance.
Thank You!

Angat Pulis