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    Unlawful Arrest

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    Dan Christian Dingcong Cagnan
    Unlawful arrest can lead to several legal consequences. Victims may file a motion to quash to challenge the court's jurisdiction over them due to an invalid arrest. Grounds for a motion to quash include the court having no jurisdiction over the accused. Consequences of unlawful arrest include the failure to acquire jurisdiction over the accused, criminal liability for law enforcers, and evidence from searches being inadmissible. However, the illegality of the arrest only affects jurisdiction over the person, not guilt. Objections must be raised before arraignment or they are waived, though the legality of searches can still be contested later.

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    Unlawful Arrest

    Uploaded by

    Dan Christian Dingcong Cagnan
    152 views2 pages
    Unlawful arrest can lead to several legal consequences. Victims may file a motion to quash to challenge the court's jurisdiction over them due to an invalid arrest. Grounds for a motion to quash include the court having no jurisdiction over the accused. Consequences of unlawful arrest include the failure to acquire jurisdiction over the accused, criminal liability for law enforcers, and evidence from searches being inadmissible. However, the illegality of the arrest only affects jurisdiction over the person, not guilt. Objections must be raised before arraignment or they are waived, though the legality of searches can still be contested later.

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    Unlawful arrest

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    Unlawful arrest can lead to several legal consequences. Victims may file a motion to quash to challenge the court's jurisdiction over them due to an invalid arrest. Grounds for a motion to quash include the court having no jurisdiction over the accused. Consequences of unlawful arrest include the failure to acquire jurisdiction over the accused, criminal liability for law enforcers, and evidence from searches being inadmissible. However, the illegality of the arrest only affects jurisdiction over the person, not guilt. Objections must be raised before arraignment or they are waived, though the legality of searches can still be contested later.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    152 views2 pages

    Unlawful Arrest

    Uploaded by

    Dan Christian Dingcong Cagnan
    Unlawful arrest can lead to several legal consequences. Victims may file a motion to quash to challenge the court's jurisdiction over them due to an invalid arrest. Grounds for a motion to quash include the court having no jurisdiction over the accused. Consequences of unlawful arrest include the failure to acquire jurisdiction over the accused, criminal liability for law enforcers, and evidence from searches being inadmissible. However, the illegality of the arrest only affects jurisdiction over the person, not guilt. Objections must be raised before arraignment or they are waived, though the legality of searches can still be contested later.

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    OVERVIEW:

    Give at least two consequences of unlawful arrest and what are your legal bases?

    What legal remedies are available in our jurisdiction to victims of unlawful arrest?

    Arrest- in making an arrest, a person need not be actually restrained by the person making the arrest. It
    necessarily implies control over the person under custody and as a consequence, a restraint on his
    liberty to the extent that he is not free to leave on his own volition.

    Modes of Arrest:

    1. Arrest by virtue of a valid warrant


    2. Arrest without a warrant under exceptional circumstances as may be provided by statute (ROC,
    Rule 113, Sec.5)
    -in flagrante delicto
    -doctrine of hot pursuit

    UNLAWFUL ARREST- On the other hand, Article 269 of the law provides that unlawful arrest is committed by any
    person who, in any case other than those authorized by law, or without reasonable ground, shall arrest or detain
    another for the purpose of delivering him to the proper authorities.

    Give at least two consequences of unlawful arrest and what are your legal bases?

    An invalid or illegal arrest leads to several consequences among which are:

    1. The failure to acquire jurisdiction over the person of the accused;


    2. Criminal liability of law enforcers for illegal arrest; and
    3. Any search incident to the arrest becomes invalid thus rendering the evidence required as
    constitutionally inadmissible (Veridiano v. People, G.R. 200370, 2017)

    It bears stressing that the illegality of the arrest affects only the jurisdiction of the court over the person
    of the accused.

    What legal remedies are available in our jurisdiction to victims of unlawful arrest?

    Remedy: File a Motion to Quash under Rule 117 of the ROC where one of its grounds as stated in par. C,
    Sec.3 is that the court trying the case has no jurisdiction over the person of the accused.

    Making a special appearance in court to question the jurisdiction of the court over the person of the
    accused is not a voluntary appearance as there is no submission to the jurisdiction of the court when the
    accused files a motion to quash the warrant of arrest because it is the very legality of the court process
    forcing the submission of the person of the accused that is the very issue in a motion to quash the
    information or the warrant of arrest.

    When raised: Objection to the illegality must be raised before arraignment, otherwise it is deemed
    waived as the accused, in this case, is considered to have voluntarily submitted himself to the
    jurisdiction of the court (PP v. Bringcula, G.R. 226400, 2018)
    Note: while the accused may have already waived his right to contest the illegality of the arrest, he is
    not, however, deemed to have equally waived his right to contest the legality of the search and may
    raise the same during trial (Villanueva v. PP, G.R. No. 199042, 2014)

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