Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Define “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. (Sec. 1) |
| [2] How is an arrest made? | An arrest is made by (1) an actual restraint of a person to be arrested, or (2) by his submission to the custody of the person making the arrest. (SEC. 2) |
| [3] Complete the following: No __________ shall be used in making an arrest. The person arrested shall not be subject to a _______________ for his detention. | 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. (SEC. 2) |
| [4] What is the duty of the arresting officer? | The officer executing the warrant must arrest the accused and deliver him to the nearest police station or jail without unnecessary delay. (SEC. 3) |
| [5] How should the head of the office to whom the warrant of arrest was delivered execute it? | (1) He must cause the warrant to be executed within ten (10) days from its receipt. (2) 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. (SEC. 3) |
| [6] Under what circumstances may a peace officer or a private person, without a warrant, arrest a person? | 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. |
| [7] On what time or day may an arrest be made? | An arrest may be made on any day and at any time of the day or night. (SEC. 6) |
| [8] When making an arrest by virtue of a warrant, the officer must inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest. Exceptions? | (1) When the person to be arrested flees or forcibly resists before the officer has opportunity to so inform him; (2) when the giving of such information will imperil the arrest. (SEC. 7) |
| [9] Should the officer need to have the warrant in his possession at the time of 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. (SEC. 7) |
| [10] When making an arrest without a warrant, the officer must inform the person to be arrested of his authority and the cause of the arrest unless ____________. | Unless (1) the person to be arrested is either engaged in the commission of an offense, is pursued immediately after its commission, has escaped, flees, or (2) forcibly resists before the officer has opportunity to so inform him, or (3) when the giving of such information will imperil the arrest. (SEC. 8) |
| [11] What is the procedure for a “citizen’s arrest?” | When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and the 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. (SEC. 9) |
| [12] Complete the following: SEC. 10. 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 __________. | SEC. 10. 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. |
| [13] Complete the following: SEC. 11. Right of officer to break into building or enclosure.—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 __________, after __________. | SEC. 11. Right of officer to break into building or enclosure.—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. |
| [14] Complete the following: SEC. 13. Arrest after escape or rescue.—If a person lawfully arrested escapes or is rescued, any person may immediately __________ at __________. | SEC. 13. 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. |