RULE 113 - ARREST
Section 1. Definition of 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.
WHAT IS ARREST?
> Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of the offense
IS THERE HOUSE ARREST IN OUR JURISDICTION?
> Yes. Under Article 88 of the RPC, when there are offenses punishable with arresto mayor, one can be given house arrest under certain conditions.
WHAT IS THE ISSUE REGARDING ERAP? WHY DID HE APPLY AND WAS GRANTED HOUSE ARREST?
> Erap first filed a petition for bail but was denied
> Plunder is a non-bailable offense
> The bail being denied, the natural consequence is detention
> He applied for house arrest given the circumstances of his person and medical reasons
Sec. 2. Arrest; how made. – An arrest is made by an actual restraint of a 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. The person arrested shall not be subject to a greater restraint than is necessary for his detention.
HOW ARREST IS MADE?
> An arrest is made by an actual restraint of the person to be arrested or by his submission to the custody of the person making the arrest
WHAT DOES IT MEAN WHEN JURISPRUDENCE SAYS THAT THE OFFICER IN MAKING THE ARREST, MUST “STAND HIS GROUND”?
> It means that the officer may use such force as is reasonably necessary to effect the arrest