One cannot be apprehended without a valid warrant of arrest
"There is this man who has been harassing my brother. He said that he is a police officer and that he will arrest my brother for illegal possession of drugs. Assuming that my brother gets arrested, will his arrest be valid?Xavier
Dear Xavier,Possession of drugs by a person who is not authorized by law or by duly constituted authorities is a crime under Section 11 of Republic Act No. 9165, otherwise known as “The Comprehensive Dangerous Drugs Act of 2002.” A person who has violated this law may be arrested. However, in order for an arrest to be considered valid, it must be done in consonance with our laws.
As a general rule, a person may only be arrested if a warrant of arrest has been validly issued against him and the same is presented to him. This is in consonance with Section 2, Article III of the 1987 Constitution, which provides: “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 shall be inviolable, and no x x x warrant of arrest shall issue except upon probable cause, to be determined personally by the judge after examination under oath or affirmation of the complainant and witnesses he may produce, and particularly describing x x x the persons or things to be seized.”A person who was arrested without a valid warrant may question the validity of said arrest, unless the circumstance surrounding his case is that which allows a warrantless arrest. Under Section 5, Rule 113 of the Rules of Court, a peace officer or a private person may validly arrest a person without a warrant “(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.”
Applying the foregoing in the situation of your brother, we submit that, assuming he is arrested, his arrest may be considered valid if the same was made by virtue of a valid warrant of arrest issued by a judge as above¬mentioned. A contrario, his arrest will be considered unlawful if the same has been made without the appropriate warrant of arrest and the circumstances under which his arrest was made does not fall within one of the exceptions enumerated under the aforementioned laws.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com"
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"One cannot be apprehended without a valid warrant of arrest"
was written by Mary
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comments. The article was created on 15 September 2021
and updated on 15 September 2021