Human Rights-Based Intelligence Operations - Commission on ...

<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong>
Before making an arrest or search, personnel
must know the following rules: (Chapter I,
1-6, AFPM 2-011, 2007)
<strong>Intelligence</strong> personnel may arrest a person
without a judicial warrant of arrest under any
of the instances provided under Section 5,
Rule 113 of the Revised Rules of the Court,
as follows:
In Flagrante Delicto
In his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense.
“The test of in flagrante delicto arrest is that
the suspect was acting under circumstances
reasonably tending to show that he has
committed or is about to commit a crime.
Evidence of guilt is not necessary. It is
enough if there is probable cause.“
— Sen. Miriam Defensor Santiago during
her speech at the PNP Headquarters,
March 2006
Hot Pursuit Doctrine
The offense has in fact just been committed
and he has personal knowledge of the facts
indicating that the person to be arrested has
committed it.
Escapee
The person to be arrested is a prisoner who
escaped from a penal establishment or place
where he is serving judgment or temporarily
confined while his case is pending or has
escaped while being transferred from one
confinement to another.
The test of the ‘hot pursuit doctrine’
is probable cause which is defined by
the Supreme Court as “an actual belief
or reasonable grounds of suspicion”. It
requires that the law enforcement unit
holds direct knowledge of the crime or
has personally witnessed the suspect right
after the crime was committed. There is
no need to witness the actual commission
of the crime itself.
Person/s arrested without warrant shall be
immediately turned over to the appropriate
Prosecutor’s Office for inquest proceedings
to avoid any violations under RA 7438 and
/or Art. 125 of the Revised Penal Code
in consideration of key hours provided for
by laws: 12 (light), 18 (correctional), 36
(afflictive), 72 (under <strong>Human</strong> Security Act),
except when such person/s arrested execute/s
a waiver .
“If a warrantless arrest is made and
eventually the court finds the arrested
persons to be innocent and acquits them,
are the arresting officers liable The answer
is no.”
— Sen. Miriam Defensor Santiago
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