Warrantless Arrest Provisions under the Rules of Criminal Procedure
- Rule 113, Section 5 allows a peace officer or private person to arrest without a warrant under two conditions:
- (a) When a person has committed, is committing, or is attempting to commit an offense in the arresting person’s presence.
- (b) When an offense has just been committed and the arresting person has personal knowledge that the person arrested committed it.
- The arrested person must be delivered immediately to the nearest police station or jail and processed according to procedural rules.
- Section 8 requires the arresting officer to inform the person of authority and cause of arrest unless circumstances justify omission.
- Section 11 authorizes officers to break into buildings or enclosures to effect an arrest if entry is refused, but only after authority and purpose are announced.
- Section 14 grants any member of the bar and relatives the right to visit and confer privately with the arrested person under reasonable regulations.
Mission Order for Warrantless Arrests
- The Commissioner generally issues Mission Orders rather than warrants of arrest.
- A Mission Order authorizes the intelligence team to make warrantless arrests for violations of the Immigration Act, specifically Section 37(a) subparagraphs 1 to 13, and Sections 45 and 48.
Bail in Deportation Proceedings
- The Supreme Court in Ong See Hang v. Commissioner of Immigration established that aliens in deportation proceedings do not have an inherent right to bail.
- Bail may be granted at the discretion of the Commissioner but is not a guaranteed right.
- The constitutional right to bail does not apply to deportation proceedings as these are considered administrative rather than criminal proceedings.
Procedures in Habeas Corpus Proceedings Involving the Commission
- Copies of these CID Law Instructions must be filed with the court when the Commission is a respondent in habeas corpus cases.
- The Board of Special Investigators (BSI) shall maintain a designated Office of the Solicitor General (OSG) group to liaise with the Office of the Solicitor General and cooperate fully.
- Administrative Division Chief is responsible for distributing copies of these Instructions to relevant personnel within the Bureau of Immigration and other associated legal offices.
These provisions collectively outline the legal framework for arrest and detention of aliens under Philippine law, balancing constitutional safeguards, procedural rules, enforcement authority, and the special administrative nature of immigration proceedings.