Citizen's Arrest

With what has been happening to It's Showtime host and comedian actor Vhong Navarro, the term CITIZEN'S ARREST becomes a household term.  It is what has the camp of Cedric Lee, Deniece Cornejo and others done to Vhong Navarro.  The latter was arrested via citizen arrest because the former allegedly rape Deniece Cornejo.


But what is citizen's arrest?  How could this be effected?

The basic definition of a citizen's arrest is when a private person may arrest a person even without a warrant.  It is termed as a warrantless arrest.  Yes, a private person may arrest another person even without a warrant.

As a rule, a person may be arrested only by virtue of a warrant of arrest.  Thus, if one is arrested, one document that is looked for is the existence of a warrant, otherwise, the arrest is unlawful.  Also, the person who would effect the warrant of arrest is the arresting officer or a policeman.

However, the Revised Rules of Court of the Philippines provides instances wherein a person may be arrested without a warrant and even a private person may effect the arrest, thus the term CITIZEN'S ARREST.

As provided in Section 5 of Rule 113 of the Revised Rules of Court, it states how the warrantless arrest or citizen's arrest may be effected.

"Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:

(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.

In cases falling under paragraphs (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with Section 7 of Rule 112. (5a)"

In the case of Vhong Navarro, allegedly he was caught caught attempting to commit the crime of rape to Deniece Cornejo in the presence of Cedric Lee and 5 others, thus, he was arrested by them via CITIZEN'S ARREST.

Thus, it is not only a policeman that may arrest a person falling within the definition of a warrantless arrest, but also a private person like us or by the common citizen of this country.

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