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Proper arrest procedures
« on: April 29, 2009, 12:21:24 PM »
                                                    Proper arrest procedures 
                                                      By: Alfred P. Dalizon 

MAMANG PULIS -- COPS have been ordered to observe proper arrest procedures in the wake of the controversy that surrounded the case of ABS-CBN broadcaster Ted Failon’s late wife, Trina.

“It has been observed that in many instances, the proper arrest procedures are not being observed by some PNP personnel, thereby resulting to adverse public and media reactions. In this regard, you are hereby directed to ensure proper dissemination and observance of the following relevant provisions of the PNP Operational Procedures pertaining to arrest,” Director Raul M. Bacalzo, head of the PNP Directorate for Investigation and Detective Management, said in a memorandum to all 17 police regional directors and the head of the Criminal Investigation and Detection Group.

PNP chief Director General Jesus A. Verzosa earlier ordered all police investigators nationwide to undergo a refresher course following the suspension of police officers involved in the arrest of the relatives of Failon’s wife Trinidad Arteche-Etong inside the New Era General Hospital last April 16. Verzosa said the course will prevent lapses in investigation.

In his memorandum, Bacalzo cited Rule 11 of the PNP-POP which states that “all arrests should be made only on the basis of a valid warrant of arrest issued by a competent authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113, Rules on Criminal Procedure).

Arrest is the actual restrain of the person to be arrested or by his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any greater restraint than is necessary for his detention.

He also cited Sec. 5 or Arrest Without a Warrant, When Lawful -- A peace officer or a private persons may, without a warrant, arrest a persons when 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 temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.

Bacalzo said Sec. 6 of the PNP-POP also states the duties of an arresting officer in case of an arrest without a warrant particularly the reading of the Miranda Warning to the person being arrested.

He said that “the arresting officer shall inform the subject or suspect, in the dialect or language known to him, why he is being arrested, and of his right to remain silent and to have a counsel of his own choice, to be informed of his authority and the cause of the arrest, unless the person to be arrested is then engaged in the commission of an offense or is pursued immediately after its commission or after and escapes, or flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.”

“The arrested person shall be delivered to the proper authorities without unnecessary delay and within the time prescribed in Article 125 or the Revised  Penal Code as amended (12, 18, or 26 hours as the case may be). 
 

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