THE POLICE Regional Office (PRO) XI and Davao City Police Office (DCPO) clarified on Wednesday that warrantless arrests remain strictly within the bounds of the law, reiterating their adherence to existing legal procedures and the directives of new Philippine National Police (PNP) chief Nicolas Torre III.
Major Catherine Dela Rey, spokesperson for PRO XI, addressed the media in a press conference on Wednesday at The Royal Mandaya Hotel, emphasizing that while Torre seemingly ordered an “arrest without warrant,” the directive is firmly rooted in legal provisions.
“When it comes to arrest without a warrant, it is truly within the law. Please remember what he said in our implementation and directives is that it must be within the ambit of the law. So, it’s still within the law,” Dela Rey stated.
She provided examples of valid warrantless arrests: “If a police officer sees you stealing, you will be automatically arrested; no warrant of arrest is needed. The same goes for civilians; you can conduct a warrantless arrest on civilians if you genuinely catch them in the act. If you see someone commit murder and they run, you can arrest them; no need to wait for the police. That is one type of warrantless arrest.”
Dela Rey further cited the arrest of escaped prisoners as another instance where warrantless arrests are permissible.
She assured the public that police movements are always based on directives from the Chief PNP, operating within the boundaries of the law and in accordance with police operational procedures.
“We cannot debate that because we can be sued. Human rights are also watching us, and it’s very easy to complain about us – you can go to the media or Napolcom. So, we are also careful because we don’t want to be dismissed from our jobs due to one mistake,” she explained, concluding that “all our movements are within the bounds of the law.”
Echoing her sentiments, Captain Hazel Caballero, spokesperson for the Davao City Police Office, reinforced the specific scenarios for warrantless arrests.
“Warrantless arrest can be done when caught in the act. So, if you see someone committing a crime there, they will automatically be arrested without a warrant, or if the crime has just been committed, what does that mean?
For example, in a murder case, if a pursuit operation is conducted and the suspect is apprehended, that is covered by a hot pursuit operation, and still covered by warrantless arrest. And then, those who escape from prison can automatically be arrested without a warrant of arrest.”
Captain Caballero urged the public to understand that Chief PNP Torre’s programs are based on police operational procedures, upholding the rule of law.
She added, “We intelligence operatives, we don’t want to lose our livelihood. That’s why we need to explain that it’s very difficult. This is our bread and butter. We know what is forbidden. We also know what is allowed, as the acting city director Col. Hansel Marantan said, we know what is right and we work fairly.”
This clarification comes after a recent report indicated that PNP Director General Nicholas Torre III plans to require police officers who conduct warrantless arrests to submit affidavits of arrest as a basis for promotion, a move aimed at ensuring accountability and adherence to proper procedures.
