BAGUIO CITY – The City Council approved on first reading a proposed ordinance to be known as the Citizen’s Arrest ordinance in the city, adopting the provisions of the Rules of Court specifically the rules on criminal procedure by strengthening citizen’s authority in the apprehension of criminal offenders or lawless elements.
The ordinance, authored by Councilor Leandro B. Yangot, Jr., stated, without a warrant of arrest, a private person or citizen may lawfully effect a citizen’s arrest provided when in his or her presence, the person to be arrested has committed, is actually committing or is attempting to commit an offense; when an offense has just been committed and he or she has probable cause to believe based on personal knowledge of facts or circumstances, that the person to be arrested has committed it; and, when the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgement or is temporarily confined while his or her case is pending, or has escaped while being transferred from one confinement to another as provided under Rule 113, Section 9 of the Revised Rules of Criminal Procedure of the Rules of Court. Yangot said a private person, when making an arrest, shall inform the person to be arrested of his intention to arrest him or her and cause the arrest of an offense, unless the person to be arrested is deemed engaged in commission or after an offense, or is pursued immediately after its commission, or an escapee or flee or forcibly resist before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil the arrest.
The ordinance added a private person or citizen may use any kind of capturing or recording device to record as proof of the actual commission of the crime or violation of laws and city ordinances and therefore immediately arrest the criminal offender as provided under its preceding provisions.
Yangot underscored it shall be the duty of the private person effecting citizen’s arrest to turn over or deliver to the nearest police station or law enforcement agency or office the arrested person without unnecessary delay.
On the other hand, the ordinance provided it shall be mandatory for the head or chief of law enforcement agency or office or any of their authorized law enforcement officers to accept or receive the arrested person or persons for investigation, take statements, photographs, fingerprint, blotter, take into custody and properly referral to the city’s prosecutor’s office for inquest proceedings.
Further, the private persons who effected or conducted the citizen’s arrest shall, with the assistance of a law enforcement officer, execute an affidavit of arrest stating the facts and circumstances of the arrest, to be administered by the head or chief of law enforcement agency or office or by any of their authorized administering officers, or by a notary public.
Yangot pointed out the head or chief of any of the responsible law enforcement officers or personnel on duty who refuses to accept or receive the person arrested shall be held administratively or criminally liable.
Yangot claimed in the city, rampant violation of existing laws, local ordinances and other issuances and criminal offenses have been observed and criminal offenders seem to be fearless in committing crimes. By Dexter A. See
