When Can Police Arrest You Without a Warrant?

Rule 113, Section 1 defines arrest as taking a person into custody so that he or she may be bound to answer for an offense. It is made by actually restraining the person, or by the person's submission to custody. No violence or unnecessary force shall be used, and the person shall not be restrained more than necessary (Section 2).

The normal rule is an arrest with a warrant issued by a judge. A warrantless arrest is the exception, so it must fit one of the cases below.

Rule 113, Section 5 says a peace officer or a private person may arrest without a warrant:

1. Caught in the act (in flagrante delicto). In his or her presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.
2. Hot pursuit. An offense has just been committed, and the arresting person has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested committed it.
3. Escaped prisoner. The person escaped from a prison or place of confinement, or escaped while being transferred.

In the first two cases, the person arrested must be delivered "forthwith" to the nearest police station or jail and proceeded against under Rule 112, Section 7 (the inquest rule, explained below).

A person who was lawfully arrested and then escapes or is rescued may be pursued and retaken by anyone, without a warrant, anywhere in the Philippines (Section 13).

In Veridiano v. People (2017), a caller told the police that a man was on his way to another city to get illegal drugs. Police set up a checkpoint, stopped a jeepney, had the passengers empty their pockets, and found what looked like marijuana on Mario Veridiano, a passenger. He was arrested. The Supreme Court acquitted him and ordered his release. Its main points:

• For an arrest "in the act", two things must be present: the person does an overt act showing that he or she has just committed, is committing or is attempting to commit a crime, and that act is done in the presence or within the view of the officer.
• A tip is not an overt act. The Court said: "A hearsay tip by itself does not justify a warrantless arrest."
• For hot pursuit, officers do not need to see the crime, but they must have personal knowledge of facts showing that the person committed it.
• Being nervous is not suspicious in itself. The Court said: "Reasonable persons will act in a nervous manner in any check point."

The Court also found the search invalid, so the marijuana could not be used as evidence, and without it there was nothing left to convict him. Note one detail: Veridiano had not objected to his arrest before entering his plea, so he could no longer question the arrest itself. The Court said that this does not stop an accused from questioning the admissibility of the evidence seized. Stop-and-frisk searches, checkpoints and the "plain view" rule are separate topics that we do not cover here.

An officer arresting without a warrant must tell the person his or her authority and the cause of the arrest (Section 8). A private person must tell the person the intention to arrest and the cause (Section 9). In both cases, this is not required if the person is caught in the act, is pursued right after the offense, has escaped, flees or forcibly resists before he or she can be told, or if telling would put the arrest at risk.

An arrest may be made on any day and at any time of the day or night (Section 6).

Under Rule 112, Section 7, when the offense is one that requires a preliminary investigation, the case may be filed in court without one if an inquest has been conducted. If no inquest prosecutor is available, the offended party or a peace officer may file the complaint directly in court.

Before the case is filed, the arrested person may ask for a preliminary investigation. To do that, he or she must sign a waiver of Article 125 of the Revised Penal Code, in the presence of counsel. Even with the waiver, the person may apply for bail, and the investigation must end within 15 days. If the case is filed without a preliminary investigation, the accused may ask for one within 5 days from learning of the filing.

Article 125 sets how long police may hold a person before delivering him or her to the proper judicial authorities: 12, 18 or 36 hours, depending on the penalty. See How long can police detain you without charges?

Yes, but timing matters. Rule 114, Section 26 says applying for or getting bail does not stop the accused from questioning the arrest, the warrant, or the lack of a preliminary investigation, provided this is raised before entering a plea.

These are made-up examples. They are not advice for any real case.

Nonoy grabs a phone from a woman's hand and runs. A barangay tanod who saw it chases and catches him. This is an arrest in the act. The tanod must bring Nonoy forthwith to the nearest police station.

Ramon is sitting quietly in a jeepney when police stop it because a text message said "a man in a red shirt has drugs". Ramon does nothing suspicious. Under Veridiano, a tip without any overt act is not enough for a warrantless arrest.

Joy's store was robbed an hour ago. Police arrive, talk to the witnesses, see the CCTV footage, and find a man nearby with the stolen items. This may fit hot pursuit, because the officers have personal knowledge of facts pointing to him. Whether it does is for the court to decide.

To read about police procedures for clearances, see our PNP guides. For bail after an arrest, see How much is bail?

Immediately after an arrest, and before signing any waiver. Under Article 125, a detained person may communicate and confer with a lawyer at any time, upon request. A lawyer can check whether the arrest fits Rule 113, raise any defect before the plea, and decide whether to ask for a preliminary investigation. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO).