 Section 1.

Definition of
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.
 An arrest is made  submission to the
by an actual custody of the
restraint of a person making the
person to be arrest.
arrested (RULE 113 SEC.2)
(RULE 113 SEC.2)
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.
 Itshall be the duty of the officer executing
the warrant to arrest the accused and deliver
him to the nearest police station or jail
without unnecessary delay.
(a) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense;
 INFLAGRANTE IN HIS PRESENCE-
DELICTO-
 CAUGHT WHILE WITHIN SIGHT
COMMITING,
ABOUT TO COMMIT
OR HAS JUST OR WITHIN
COMMITTED A PERCEPTION OF
CRIME IN HEARING
PRESENCE OF THE
POLICE OFFICER
 WHEN AN OFFENSE HAS JUST BEEN
COMMITTED AND HE HAS PROBABLE CAUSE TO
BELIEVE BASED ON PERSONAL KNOWLEDGE OF
FACTS AND CIRCUMSTANCES THAT THE
PERSON TO BE ARRESTED HAS COMMITTED IT
 OFFENSEHAVE  PERSON MAKING
JUST BEEN THE ARREST HAS
COMMITTED PERSONAL
KNOWLEDGE OF
FACTS INDICATING
THAT THE PERSON
TO BE ARRESTED
HAS COMMITTED IT
 REQUIRES THAT THE ARRESTING OFFICER OR
THE PRIVATE INDIVIDUAL HAS PERSONAL
KNOWLEDGE OF THE FACTS AND
CIRCUMSTANCE AND THERE IS PROBABLE
CAUSE TO BELIEVE THAT THE ACCUSED HAS
COMMITTED IT
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.
 THE PERSON TO BE ARRESTED MUST EXECUTE
AN OVERT ACT
(WHAT IS AN OVERT ACT?)

 SUCHOVERT ACT WAS DONE OR COMMITTED

IN THE PRESENCE OR WITHIN THE VIEW OF
THE ARRESTING OFFICER
MALACAT VS COURT OF APPEALS

A WARRANTLESS ARREST CANNOT BE JUSTIFIED

WHERE NO CRIME IS BEING COMMITTED AT
THE TIME OF THE ARREST BECAUSE NO CRIME
MAY BE INFERRED FROM THE FACT THAT THE
“EYES OF THE PERSON TO BE ARRESTED WERE
MOVING FAST AND LOOKING AT EVERY PERSON
PASSING BY”
 An arrest may be made on any day and at
any time of the day or night.
 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.
 Those who, by direct provision of law, or by
election or by appointment, are charged with
the maintenance of public order and the
protection of life and property ( AGENTS
PROPER) such as :
 (i). Law Enforcement Agents such as the PNP and
the NBI irrespective of their rank
 (ii). Barangay Tanods
 (iii).Municipal treasurer being the agent of the
provincial treasurer
 (iv). The postmaster being the agent of the
Director of Posts
 (v). But Members of the AFP are not included
without a public uprising, the offender:

(i) Attacks
(ii) Employs force
(iii) Seriously intimidates or seriously resists
(iv) Any person in authority or his agent
(v) while engaged in the performance of
official duties or on the occasion thereof
(vi) ) knowing him to be such.
 A. There must be an attack or employment of force or
serious intimidation, upon the person of the victim. This
includes any offensive or antagonistic movement of any
kind, with or without a weapon. This may be an actual
physical contact or the instilling of fear or threat of an evil
on the person of the victim, but not on his property.
 1. Examples: boxing, pointing a gun, brandishing a
weapon, shouting and berating, challenging to a fight,
throwing an article at him
 If victim is an AGENT OF A PERSON IN AUTHORITY, actual
force is required because mere laying of hands would
constitute simple resistance
 3). As to intimidation and resistance the same must be
serious and actual whether the victim is a PIA or APIA
otherwise the offense is resistance and disobedience under
article 151.
 B. The offended party must be a PIA or a
APIA and has not yet been separated from
the service. Thus the crime is committed
even if at the time of commission the
PIA/APIA is on leave, on vacation, or under
suspension, but no when he has retired or
was dismissed or removed.

 C.The accused must know the victim is a
PIA/APIA which fact must be alleged in the
Information
 The crime committed by any person who
shall resist or seriously disobey any PIA or
APIA while engaged duties.
 The crime committed by any person who uses
force or intimidation upon any person coming to
the aid of an APIA who is under direct assault
 1. The APIA is an agent proper such as a law
enforcement agent. Direct Assault is being
committed against him, not merely Resistance or
Disobedience.
 2. A Third person comes to his assistance. It is
not required that the assistance be by virtue of
the order or request of the APIA.
 3. The third person is himself attacked. This is
the gist of indirect assault.
 1. A policeman is having a hard time pushing
a suspect inside a police car because the
suspect is pulling back. A third person who
came to help put the suspect inside the car
was kicked by the suspect. The kicking of the
third person constitutes Physical Injuries
merely. The police is not under Direct
Assault.