Inquiry:

Police Officer T arrested R due to R's seditious remarks posted online. During the arrest, R displayed disturbing and hostile behavior toward T and the other police officers. When R asked T to show him the warrant for his arrest, T informed him that he would show it to him later. Upon arriving at the police station, T showed R a copy of the warrant. Now, R is threatening T with legal action for failing to present a copy of the warrant at the time of the arrest.

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Was the action of Police Officer T a violation of Philippine laws?

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Answer:

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No, the action of Police Officer T is not a violation of Philippine laws. As a matter of fact, it is allowed under Rule 113 of the Rules of Court, which states that:

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“When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he 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 officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.”

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Here, the arresting officer is not required to have a copy of the warrant at the time of the arrest. The foregoing rule allows the officer to present the warrant to the person being arrested either after the arrest has occurred or as soon as practicable. What matters is that the officer ensures the right of the person being arrested to be informed is respected.

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Disclaimer: This article is for informational purposes only and should not be considered legal advice. For specific guidance on the execution of a warrant, consult with a legal professional.

‍Padin & Partners Law Offices is a full-service law firm based in Cebu City, Cebu Philippines, that offers legal services such as cases involving the validity of a warrant in Cebu City, Cebu, Philippines. For consultations: book an appointment or reach us at +63 (32) 316-1540 or +63 917 188 0361.