Who may effect a warrantless arrest? When is it allowed?
1. A peace officer or a private person may, without a warrant, arrest a person:
- When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (in flagrante delicto);
- 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 (hot pursuit arrest); and
- 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 (Sec. 5 of Rule 113, Rules of Court)
2. 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. (Sec. 13 of Rule 113)
3. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion. (Sec. 23, par. 1, of Rule 114)
3. For the purpose of surrendering the accused, the bondsmen may arrest him or, upon written authority endorsed on a certified copy of the undertaking, cause him to be arrested by a police officer or any other person of suitable age and discretion. (Sec. 23, par. 1, of Rule 114)
4. An accused released on bail may be re-arrested without the necessity of a warrant if he attempts to depart from the Philippines without permission of the court where the case is pending. (Sec. 23, par. 2, of Rule 114)
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