Police Authority & Responsibilities and your Rights During Police Operations.

by

POLICE AUTHORITY AND RESPONSIBILITIES AND YOUR RIGHTS DURING POLICE OPERATIONS.

 

1. ARREST

1.1 When the police may make an arrest?

An arrest may be made at any day or any time of day by virtue of a Warrant of Arrest, issued by the court, or by warrantless arrest. A police officer or a private person may make an arrest without a warrant under the following conditions:

  1. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
  2. 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
  3. 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 temporarily confined while his case is pending, or has escaped while being transferred from one confinement area to another.

1.2 Rights of a person arrested, and the responsibilities and authority of a police officer during the arrest.

If you are arrested, the arresting officer has the responsibility to ensure that your rights are protected and respected, according to Republic Act 7438.

  1. The arresting officer has the responsibility of informing you of the reason for the arrest in a language known to you.
  2. You may require the arresting officer to show you the Warrant of Arrest.
  3. The arresting officer should inform you of your constitutional right to remain silent and that any statement you might make could be used for or against you in any court of the law; that you have the right to counsel of your own choice, and if you cannot afford to hire a lawyer, one shall be provided to assist you; and that the arresting officer should ask you if you understand those rights. You have the right to communicate with your lawyer or your immediate family. It is the responsibility of the arresting officer to see to it that these are accomplished.
  4. If you are arrested without a warrant (on conditions in Para 1.1), you will be immediately brought to the proper police station and kept there for not more than 12 hours for crimes or offenses punishable by light penalties; 18 hours for crimes or offenses punishable by correctional penalties; and 36 hours for crimes or offenses punishable by capital penalties. You must undergo inquest proceedings in accordance with Section 7, Rule 112 of the 2000 Rules of Criminal Procedure.
  5. You shall not be subjected to torture, force, violence, threat, intimidation, or any other means which vitiate free will. You should not be brought to secret detention places, solitary confinement (incommunicado), or other forms of detention.
  6. If you have been arrested without a warrant and you waive your right under the provisions of Article 125 of the Revised Penal Code, the arresting officer shall ensure that you sign a waiver of detention in the presence of the counsel of your choice. If you waive your right against self-incrimination and opt to give your statement, the arresting officer shall ensure that the waiver is made in writing and signed by you in the presence of a counsel of your own choice or a competent and independent counsel provided by the government.
  7. Immediately after your arrest, you should be subjected to a physical examination by a medico-legal officer or, in the absence of such medico-legal officer, by any government physician in the area. Prior to your release or any change of custody, you will also be physically examined.

 

RESPONSIBILITIES AND AUTHORITY OF THE ARRESTING OFFICER

The arresting officer has the responsibility to ensure that warrants of arrest are properly served and he is vested with certain authority to enable him to accomplish the task. His authority includes:

[a] 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 may break into a 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.

[b] Right to break out from building or enclosure.

Whenever an officer has entered the building or enclosure to make an arrest, he may break out from there in order to liberate himself.

[c] Arrest after escape or rescue.

If a person lawfully arrested escapes or is rescued by his cohorts, any person may immediately pursue to retake him without a warrant at any time and in any place within the Philippines.

 

Our next topic in this module is CUSTODIAL INVESTIGATION AND INQUEST, DETENTION & RELEASE.

CLICK THE OPTION ARROW BELOW TO VISIT THE PREVIOUS MODULE (Red Arrow) OR TO PROCEED TO THE NEXT TOPIC (Green arrow).

 

Leave a Comment