Arrest

Arrest is placing a person in custody or under restraint, usually for the purpose of compelling
obedience to the law. If the arrest occurs in the course of criminal procedure, the purpose of the
restraint is to hold the person to answer to a criminal charge or to prevent him from committing
an offense (Encyclopedia Britannica, 2011).

General Guidelines in Making an Arrest

According to the Revised PNP Operations Manual (2021), the
following are the guidelines in making arrest:
• All arrests should be made only on the basis of a valid warrant of arrest issued by a judge,
except in instances where the law allows warrantless arrest.
• No violence or unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any restraint greater than what is necessary under the
circumstances (The Revised Rules of Criminal Procedure, Rule 113, Section. 2).
• Arrests can be made on any day of the week and at any time of the day or night (The Revised
Rules of Criminal Procedure, Rule 113, Section. 6).
• If the accused is already in detention, a return, together with required documents, shall be
made for any standing warrants of arrest issued after the service.
• A senator or member of the House of Representatives shall, in all offenses punishable by not
more than six years imprisonment, be privileged from arrest while the congress is in session. No
member shall be questioned nor be held liable in any other place for any speech or debate in
the congress or in any committee thereof.
• Diplomaticagentsand couriers, under the Vienna Convention on Diplomatic Relations, are not
liable to any form of arrest or detention.

Rule 113 of the Rules of Court

According to the Rule 113 of The Revised Rules of Criminal Procedure (2000), Arrest is the
taking of a person into custody in order that he may be bound to answer for the commission of
an offense.
It is made by an actual restraint of a person to be arrested, or by his submission to the custody
of the person making the arrest (The Revised Rules of Criminal Procedure, Rule 113, Section.
2).
The head of the office to whom the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the
expiration of the period, the officer to whom it was assigned for execution shall make a report to
the judge who issued the warrant. In case of his failure to execute the warrant, heshallstate the
reasons therefor (The Revised Rules of Criminal Procedure, Rule 113, Section. 4). It is the duty
of the officer executing the warrant to arrest the accused and to deliver him to the nearest police
station or jail without unnecessary delay (The Revised Rules of Criminal Procedure, Rule 113,
Section. 3). Moreover, any member of the Philippine Bar shall, at the request of the person
arrested or of another acting on his behalf, have the right to visit and confer privately with such
person in the jail or any other place of custody at any hour of the day or night.
Subject to reasonable regulations, a relative of the person arrested can also exercise the same
right (Rule 113, Section. 14).
Authority of the Arresting Officer when Making an Arrest
• An officer making a lawful arrest may orally summon as many persons as he deems necessary
to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in
effecting the arrest when he can render such assistance without detriment to himself (Rule 113,
Section. 10).
• An officer, in order to make an arrest either by virtue of a warrant, or without a warrant, may
break into any building or enclosure where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after announcing his authority and purpose
(Rule 113, Section. 11).
• Whenever an officer has entered the building or enclosure, he may break out therefrom when
necessary to liberate himself (Rule 113, Section. 12).
• If a person lawfully arrested escapes or is rescued, any person may immediately pursue or
retake him without a warrant at any time and in any place within the Philippines (Rule 113,
Section. 13).

Warrantless Arrest
The Rule 113 of The Revised Rules of Criminal Procedure (2000) states that, A peace officer or
a private person may, without a warrant, arrest a person on the following grounds:
1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
2. 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
3. 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 is temporarily confined while his case is pending, or
has escaped while being transferred from one confinement to another.

Method of Arrest
The following are the methods of arrest according to Rule 113 of The
Revised Rules of Criminal Procedure (2000):
1. Method of Arrest by Officer by Virtue of Warrant
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 (Rule 113, Section. 7).
2. Method of Arrest by Officer Without Warrant
When making an arrest without a warrant, the officer shall inform the person to be arrested of
his authority and the cause of the arrest, unless the latter is either engaged in the commission of
an offense, is pursued immediately after its commission, has escaped, flees or forcibly resists
before the officer has opportunity so to inform him, or when the giving of such information will
imperil the arrest (Rule 113, Section. 8).
3. Method of Arrest by Private Person
When making an arrest, a private person shall inform the person to be arrested of the intention
to arrest him and cause of the arrest, unless the latter is either engaged in the commission of an
offense, is pursued immediately after its commission, or has escaped, flees, or forcibly resists
before the person making the arrest has opportunity to so inform him, or when the giving of such
information will imperil the arrest (Rule 113, Section. 9).

Duties of the Arresting Office

The following are the duties of the arresting officers (POP Manual,
2021, Section 2.6.c):
1. To use at least one Body Worn Cameras (BWCs) and/or Alternative Recording Devices
(ARDs), or a minimum of two devices, or such number as may be necessary; •
2. To deliver the arrested person without delay to the nearest Police Station or jail to record the
fact of the arrest;
3. To inform the person arrested of the cause of the arrest and the fact that a warrant had been
issued for his/her arrest;
4. When a woman is arrested, a policewoman shall conduct the complete body search;
5. When a Child in Conflict with the Law (CICL) is arrested, he/she shall be processed by the
Women's and Children's Protection Desks (WCPD) officer and shall immediately be
separated from other adult suspects.?
6. If a foreign national is arrested, the arresting officer through his/ her COP/Unit Commander,
shall perform the following:
a. Inform the Foreign Liaison Division (FLD), Directorate for Intelligence (DI), PNP
Command Center (PCC) and the immediate higher office through Short Messaging System
(SMS) within one hour upon the arrest;
b. Submit a written report of the incident within eight hours to the immediate higher office.
7. To inform the person to be arrested of his/her identity, authority and the basis of the arrest
except when he/she flees or forcibly resists before the arresting officer has the opportunity to
inform him/her or when the giving of such information will imperil the arrest (In case of arrest
without a warrant).
8. To inform the person to be arrested either arrested with warrant or no warrant, of his/her
constitutional right to remain silent and that any statement he/she makes could be used against
him/her. Also, that he/she has the right to communicate with his/her lawyer or his/her immediate
family and the right to physical examination;
9. To subject arrested person with or without warrant to a medical examination prior to
temporary detention;
10. To immediately bring to the Police Station for investigation without unnecessary delay the
person arrested without warrant;
11. To ensure that the arrested person is free from torture or physical abuse;
12. To ensure that the former signs a waiver of detention in the presence of his/her counsel of
choice, if the person arrested without a warrant waives his/her right under the provisions of Art
125 of the Revised Penal Code; and
13. To ensure that the waiver is made in writing and signed by the person arrested in the
presence of a counsel of his/ her own choice or a competent and independent counsel provided
by the government if the person arrested waives his/her right against self-incrimination and
chooses to give his/her statement.

Search and Seizure

Search and Seizure is used to describe a law enforcement agent's examination of a person's
home, vehicle, or business to find evidence that a crime has been committed. A search involves
law enforcement officers going through part or all of an individual's property, and looking for
specific items that are related to a crime that they have reason to believe has been committed.
A seizure happens if the officers take possession of items during the search (Wex Definitions
Team, 2021).

Rule 126 of the Rules of Court

According to the Rule 126 of The Revised Rules of Criminal Procedure (2000), a search
warrant is an order in writing issued in the name of the People of the Philippines, signed by a
judge and directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. An application for search warrant shall be filed
with the following:
• Any court within whose territorial jurisdiction a crime was committed.
• For compelling reasons stated in the application, any court within the judicial region where the
crime was committed if the place of the commission.of the crime is known, or any court within
the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending (Rule 126, Section. 2).
A search warrant may be issued for the search and seizure of
personal property (Rule 126, Section. 3):
• Subject of the offense;
• Stolen or embezzled and other proceeds, or fruits of the offense; or
• Used or intended to be used as the means of committing an offense.

Requisites for Issuing Search Warrant

A search warrant shall be issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of
the complainant and the witnesses presented. The search warrant shall particularly describe the
place to be searched and the things to be seized which may be anywhere in the Philippines
(Rule 126, Section. 4). It includes the order requiring the use of at least one BWC and one ARD,
or a minimum of two devices, or such number as may be necessary to capture and record the
relevant incidents during its execution (POP Manual, 2021, Section 27).
The judge must, before issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath, the complainant and the witnesses he may
produce on facts personally known to them and attach to the record their sworn statements,
together with the affidavits submitted (Rule 126, Section. 5). If the judge is satisfied of the
existence of facts upon which the application is based or that there is probable cause to believe
that they exist, he shall issue the warrant, which must be substantially in the form prescribed by
the Rule 126 of the Revised Rules of Criminal Procedure (Rule 126, Section. 6).

Validity of Search Warrant

A search warrant is valid for ten (10) days from its date. Thereafter it shall be void (Rule 126,
Section. 6). The warrant must direct that it be served in the day time, unless the affidavit asserts
that the property is on the person or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of the day or night (Rule 126, Section. 9).
If, in the implementation of the search warrant, its object or purpose cannot be accomplished in
one day, the search shall be continued without let up even if it exceeds one day or more until
completed, provided it is still within the ten-day validity period of the search warrant (POP
Manual, 2021, Section 2.7.b). If the object or purpose of the search warrant cannot be
accomplished within the ten-day validity period, the responsible police officer conducting the
search must file, before the issuing court, an application for the extension of the validity period
of said search warrant (POP Manual, 2021, Section 2.7.b).

Authority of Police Officers when Conducting Search

The authority of the police officer in the conduct of search generally emanates from the Search
Warrant issued by the court. In warrantless searches, there should always be a prior valid arrest
(POP Manual, 2021, Section 2.7.e). The officer, if refused admittance to the place of directed
search after giving notice of his purpose and authority, may break open any outer or inner door
or window of a house or any part of a house or anything therein to execute the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained therein (Rule 126,
Section. 7).
The officer seizing property under the warrant must give a detailed receipt for the same to the
lawful occupant of the premises in whose presence the search and seizure were made, or in the
absence of such occupant, must, in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, leave a receipt in the place in which he found the seized
property (Rule 126, Section. 11). The officer must forthwith deliver the property seized to the
judge who issued the warrant, together with a true inventory thereof duly verified under oath
(Rule 126, Section. 12).

Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant

The following are the acts prohibited in the conduct of Search by
virtue of search warrant:
• No search of a house, room, or any other premise shall be made except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality (Rule 126, Section. 8).
• Lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant shall not be taken (POP Manual, 2021, Section
2.7.h).

Valid Search and Seizures Without Search Warrant

According to the Revised PNP Operations Manual (2021), the
following are valid search and seizures without search warrant (POP
Manual, 2021, Section 2.7.1):
1. Search Made Incidental to a Valid Arrest
A person lawfully arrested may be searched for dangerous weapons or anything which may be
used, or which may constitute proof in the commission of an offense, without a search warrant
(Rule 126 sec. 13).
The warrantless search and seizure as an incident to a lawful arrest may extend beyond the
person of the arrested to include the premises or surroundings under his/her immediate control
(POP Manual, 2021, Section 2.7.1).
2. Search of Moving Vehicles
• If the police officers who will conduct the search have reasonable or probable cause to believe,
before the search, that either the motorist is a law offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and
subjected to an extensive search (POP Manual, 2021, Section 2.7.l).
3. Seizure Of Evidence in Plain View
Any object in the plain view is subjected to seizure and may be introduced as evidence.

PNP Investigation Operations

The crime scene investigation starts from the arrival of the PNP First Responders (FRs) to the
arrival of the Duty Investigator/ IOC and the SOCO-LS Team until the lifting of the security
cordon and release of the crime scene (Standard Operating Procedure No. ODIDM-2011-008
"Conduct of Crime Scene Investigation).

Specific Functions, Responsibilities and Procedures in a Crime Scene Investigation

The following are the functions and responsibilities of the investigators during the CSI, as well
as the procedures to be observed
(POP Manual, 2021, Section 6.1.a):
1. First Responders
• Assess whether the situation still poses imminent danger and call for backup if necessary;
• Immediately conduct a preliminary evaluation of the crime scene;
• Promptly inform the immediate commander on any updates of the situation;
• Save and preserve lives by giving the necessary first-aid measures to the injured and their
medical evacuation as necessary. They shall likewise secure and preserve the crime scene by
cordoning off the area to prevent unauthorized entry of persons;
Take the dying declaration or statement of severely injured person/s.
Make the initial assessment on whether a crime has actually been committed and shall conduct
the preliminary interview of persons of interest and witnesses to determine what and how the
crime was committed;
• Arrest the suspect if present in the area; and
• Turnover the crime scene to the duty investigator/ IOC upon his/her arrival after he/she has
been briefed of the situation.
2. Investigator-On-Case (IOC)
• Make a thorough assessment of the crime scene based on the briefing of the FR;
• Assume full control and responsibility over the crime scene and conduct inquiry into the
incident. If necessary, the IOC may extend the search outside of the crime scene;12
• Present the written Request for the Conduct of SOCO to the SOCO TL; and's
• Brief the SOCO TL upon their arrival at the crime scene and jointly conduct the preliminary
crime scene survey;
• Coordinate with the PNP Legal Service for the filing of appropriate motions for the release and
disposition of submitted evidence after the case is dismissed at the Prosecutor's Office or
terminated or resolved by the Court.
3. SOCO-Scene of Crime Operations
• Respond only upon request through the Operations Center and after the IOC has already
made the proper assessment of the crime scene. The SOCO Team shall not join any operations
conducted by the local police or accompany the FRs or the IOC in going to the crime scene;
• Conduct SOCO upon receipt of the request from the concerned police unit;
• Turn over the crime scene to the IOC/COP for security of the area, in case the SOCO Team
temporarily suspends the processing. The COP shall be primarily responsible and accountable
for securing the crime scene and ensuring its integrity until the return of SOCO Team and the
conclusion of the CSI;
• Perform the final crime scene survey together with the IOC and thereafter provide the IOC the
initial results of the crime scene processing; and
• Accomplish the Inventory of Evidence Collected Form and furnish the IOC of copies of the
same before leaving the crime scene.
4. Legal Officer
• Decide through searching questions to the COP if the crime reported falls within the definition
of Sensational Crime or Serious Election Related
Incident (ERI) under PNP MC 2013-004.
• Go to the crime scene involving Sensational Crime and Serious ERI and ensure that the
applicable laws, rules and regulations during the CSI are observed.
• Provide the necessary legal assistance in the preparation of complaints, affidavits and other
pleadings that will be filed before the prosecutor's office.

Special SOCO Procedures

According to the Revised PNP Operations Manual (2002), in cases where the evidence
gathered needs special processing due to significant or sensational cases, the specialists from
the CL shall be requested.
1. In bombing cases, the EOD personnel should first clear the area prior to entry of the SOCO
Team. The preliminary survey and crime scene processing shall be jointly conducted by EOD
personnel, IOC and SOCO Team. All evidence collected must be pre-cleared by the EOD Team
prior to disposition;
2. In suspected or reported chemical, biological, radiological or nuclear (CBRN)
situations, the SOCO shall directly coordinate with the Special Rescue Team of the BFP and
other appropriate government agencies.
3. In a mass victim situation, the Regional/District SOCO who has jurisdiction over the area,
in addition to their function, shall act as the FR to the Interim Disaster Victim Identification
Task Group (IDVITG) of the PNP CL. The IDVITG shall immediately assess the forensic
specialists needed to be deployed at the crime scene and relay the requirements to the PNP CL
Headquarters.
4. The SOCO, in coordination with IOC, has motu proprio authority to direct all operating units
involved in the police operation to submit their respective personnel for forensic examination,
their service firearms for ballistic tests and other pieces of evidence involved to expedite the
investigation of the case.

Policy Guidelines on Processing of Persons Present at the Crime Scene during Post-
Incident Situations
As soon as the perpetrators surrender, or when they are captured or arrested, the IC shall
ensure that the following are accomplished (POP Manual, 2021, Section 6.1.c):
• Processing, Debriefing and Documentation of the Victims;
Perpetrators; Witnesses; and Key participants in the incident.
• Venue of Processing, Debriefing and Documentation
- Considering the instability of the situation, the safety of the responders and persons found at
the scene of the crime, and the preservation of the place of incident, the venue of the
processing, debriefing and investigation shall be at a neutral and secured place.

Rule 110 of the Rules of Court

According to Rule 110 of The Revised Rules of Criminal Procedure (2000), criminal actions
shall be instituted as follows (Rule 110, Section 1):
• For offenses where a preliminary investigation is required pursuant to Section 1 of Rule 112,
by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation.
• For all other offenses, by filing the complaint or information directly with the Municipal Trial
Courts and Municipal Circuit Trial Courts, or the complaint with the office of the prosecutor. In
Manila and other chartered cities,the complaint shall be filed with the office of the prosecutor
unless otherwise provided in their charters.

Components of Sufficient Complaint or Information

A complaint or information is sufficient if it states the name of the accused; the designation of
the offense given by the statute; the acts or omissions complained of as constituting the offense;
the name of the offended party; the approximate date of the commission of the offense; and the
place where the offense was committed. When an offense is committed by more than one
person, all of them shall be included in the complaint or information (Rule 110, Section 6).
• Name of the Accused- The complaint or information must state the name and surname of the
accused or any appellation or nickname by which he has been or is known. If his name cannot
be ascertained, he must be described under a fictitious name with a statement that his true
name is unknown (Rule 110, Section 7).
• Designation of the Offense- The complaint or information shall state the designation of the
offense given by the statute, aver the acts or omissions constituting the offense, and specify its
qualifying and aggravating circumstances. If there is no designation of the offense, reference
shall be made to the section or subsection of the statute punishing it (Rule 110, Section 8).
• Cause of the Accusation- The acts or omissions complained of as constituting the offense
and the qualifying and aggravating circumstances must be stated in ordinary and concise
language and not necessarily in the language used in the statute but in terms sufficient to
enable a person of common understanding to know what offense is being charged as well as its
qualifying and aggravating circumstances and for the court to pronounce judgment (Rule 110,
Section 9).
• Place of Commission of the Offense- The complaint or information is sufficient if it can be
understood from its allegations that the offense was committed or some of the essential
ingredients occurred at some place within the jurisdiction of the court unless the particular place
where it was committed constitutes an essential element of the offense or is necessary for its
identification. (Rule 110, Section 10).
• Date of Commission of the Offense- It is not necessary to state in the complaint or
information the precise date the offense was committed except when it is a material ingredient
of the offense. The offense may be alleged to have been committed on a date as near as
possible to theactual date ofits commission (Rule 110, Section 11).
• Name of the Offended Party- The complaint or information must state the name and surname
of the person against whom or against whose property the offense was committed, or any
appellation or nickname by which such person has been or is known. If there is no better way of
identifying him, he must be described under a fictitious name (Rule 110, Section 12).

Place Where Criminal Action is to be Instituted

The criminal action shall be instituted and tried in the court of the municipality or territory where
the offense was committed or where any of its essential ingredients occurred. Here are the
following guidelines as to the place where criminal action is to be instituted (Rule 110, Section
• Where an offense is committed in a train, aircraft, or other public or private vehicle while in the
course of its trip, the criminal action shall be instituted and tried in the court of any municipality
or territory where such train, aircraft or other vehicle passed during such its trip, including the
place of its departure and arrival.
• Where an offense is committed on board a vessel in the course of its voyage, the criminal
action shall be instituted and tried in the court of the first port of entry or of any municipality or
territory where the vessel passed during such voyage, subject to the generally accepted
principles of international law.
• Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal
Code shall be cognizable by the court where the criminal action is first filed.

Custodial Investigation
Custodial investigation is the practice of issuing an "invitation" toa person who is investigated in
connection with an offense he is suspected to have committed, without prejudice to the liability
of the "inviting" officer for any violation of law (RA 7438, 1992, Section 2).
Republic Act 7438 of 1992
The Republic Act 7438 (1992) is an act defining certain rights of persons arrested, detained or
under custodial investigation, as well as the duties of arresting, detaining, and investigating
officers. It is in congruence with the policy of valuing the dignity of every human being and
guaranteeing full respect for human rights (RA 7438, 1992, Section 1).
Rights of Persons Arrested, Detained or Under Custodial Investigation
Here are the following rights under RA 7438 and RA 9745, of Persons
Arrested, Detained or Under Custodial Investigation:
1. He/she has the right to remain silent. If he/she waives his/ her right to remain silent, anything
he/she says can be used in evidence against him/her in court;
2. He/she has the right to counsel of his/her own choice. If he/she cannot afford one, he/she
shall be provided with an independent and competent counsel;
3. He/she has the right to demand physical examination by an independent and competent
doctor of his/her own choice, before and after interview/questioning. If the person arrested is a
female, she shall be attended to preferably by a female doctor. If he/she cannot afford one,
he/she shall be provided with a competent and independent doctor to conduct physical
examination;
4. The State shall endeavor to provide him/her with psychological evaluation if available under
the circumstances
(RA 9745, 2009, Section. 12);
5. He/she, including his/her immediate family, have the right to immediate access to proper and
adequate medical treatment; and
6. He/she has the right to be informed of such rights.

Duties of the Police during Custodial Investigation

The following are the duties of the Police during Custodial
Investigation according to the section 2 of RA 7438 of 1992:
1. The arresting officer, or the investigator, as the case may be, shall ensure that a person
arrested, detained or under custodial investigation shall, at all times, be assisted by counsel,
preferably of his own choice;
2. The arresting officer, or the investigator, as the case may be, must inform the person
arrested, detained or under custodial investigation of the following rights under RA 7438 and RA
9745 in a language or dialect known to and understood by him/her;
3. If the person arrested, detained, or under custodial investigation opted to give a sworn
statement, the arresting officer, or the investigator, as the case may be, must reduce it in writing
and in the presence of his/her counsel;
4. The arresting officer must ensure that, before the sworn statement is signed, or thumb
marked, if there is inability to read and to write, the document shall be read and adequately
explained to the person arrested, detained or under custodial investigation by his/ her counsel of
choice, or by the assisting counsel provided to him/ her, in the language or dialect known to
him/her;
5. The arresting officer, or the investigator must ensure that any extrajudicial confession made
by a person arrested, detained or under custodial investigation shall be's:
a. In writing;
b. Signed by such person in the presence of his/her
counsel; or
c. In the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his/her spouse, the municipal mayor, the municipal judge, district school
supervisor, priest, imam or religious minister chosen by him/ her.
6. The arresting officer, or the investigator, as the case may be, must, under established
regulations, allow the person arrested, detained, or under custodial investigation visits by or
conferences with any member of his/her immediate family, any medical doctor, priest, imam or
religious minister chosen by him/her or by any member of his/her immediate family or by his/her
counsel, or by any local NGO duly accredited by the Commission on Human Rights (CHR) or by
any international NGO duly accredited by the Office of the President. His/her "immediate family"
shall include his/ her spouse, parent or child, brother or sister, grandparent or grandchild, uncle
or aunt, nephew or niece, guardian or ward, and fiancé or fiancée.