VI. PROVISIONAL REMEDIES IN CRIMINAL CASES: Rule 127Section 1.Availability o !"ovi#ional "e$e%ie#.&The provisionalremediesincivilactions,insofarastheyareapplicable,maybe availed of in connection with the civil action deemed instituted with the criminal action.

Sec. 2. Attac'$ent. & When the civil action is properly instituted in the criminal action as provided in Rule 111, the ofended party may havethepropertyoftheaccusedattachedassecurityforthe satisfactionofanyjudgmentthatmayberecoveredfromthe accused in the following cases: a! When the accused is about to abscond from the "hilippines# b!Whenthecriminalactionisbasedonaclaimformoneyor property embe$$led or fraudulently misapplied or converted to the use of the accused who is a public o%cer, o%cer of acorporation, attorney,factor,bro&er,agentorcler&,inthecourseofhis employment as such, or by any other person in a 'duciary capacity, or for a willful violation of duty#c!When the accused has concealed, removed, or disposed of his property, or is about to do so# d! When the accused resides outside the "hilippines. Rules 57-61 see ROCVII. A""e#t: A.R(LE 11): Section 1. (rrest is the ta&ing of a person into custody in order that he may be bound to answerfor the commission of an ofense. 1!Section 2. (rrest# how made. ) (n arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person ma&ing the arrest. *o violence or unnecessary force shall be used in ma&ing an arrest. The person arrested shall notbe subject to a greater restraint than is necessary for his detention. +a!*. I##uance o +a""ant o A""e#t : AR,ICLE III- *ILL O. RI/0,S- Sec 2.Section 2. The right of the people to be secure in their persons, houses, papers, and efects against unreasonable searches and sei$ures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue e,cept upon probable cause to be determined personally by the judge after e,amination under oath or a%rmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be sei$ed.R(LE 112Section 1. When warrant of arrest may issue. ) (a) By the Regional Trial Court. ) Within ten 1-! days from the 'ling of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. .e may immediately dismiss the case ifthe evidence on record clearly fails to establish probable cause. /f he 'nds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was 'led pursuant to section 0 of this Rule. /n case of doubt on the e,istence of probable cause, the judge may order the prosecutor to present additional evidence within 've 1! days from notice and the issue must be resolved by the court within thirty 2-! days from the 'ling of the complaint of information.b! By the Municipal Trial Court. ) When re3uired pursuant to the second paragraph of section 1 of this Rule, the preliminary investigation of cases falling under the original jurisdiction of the 4etropolitan Trial 5ourt, 4unicipal Trial 5ourt in 5ities, 4unicipal Trial 5ourt, or 4unicipal 5ircuit Trial 5ourt may be conducted by either the judge or the prosecutor. When conducted by the prosecutor, the procedure for the issuance of a warrant or arrest by the judge shall be governed by paragraph a! of this section. When the investigation is conducted by the judge himself, he shall follow the procedure provided in section 2 of this Rule. /f the 'ndings and recommendationsare a%rmed by the provincial or city prosecutor, or by the 6mbudsman or his deputy, and the corresponding information is 'led, he shall issue a warrant of arrest. .owever, without waiting forthe conclusion of the investigation, the judge may issue a warrant of arrest if he 'nds after an e,amination in writing and under oath of the complainant and his witnesses in the form of searching 3uestion and answers, that a probable cause e,ists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice.c! When warrant of arrest not necessary. ) ( warrant of arrest shall not issue if the accused is already under detention pursuant to a warrant issued by the municipal trial court in accordance with paragraph b! of this section, or if the complaint or information was 'led pursuant to section0 of this Rule or is for an ofense penali$ed by 'ne only. The court shall then proceed in the e,ercise of its original jurisdiction. 7a!C. EN.ORCEMEN, O. +ARRAN, O. ARRES,R(LE 11)Section ). Duty of arresting ofcer. ) /t shall be the duty of the o%cer e,ecuting the warrant to arrest the accused and to deliver him to the nearest police station or jail without unnecessary delay. 2a!Section 2. Eecution of warrant. ) The head of the o%ce to whom the warrant of arrest was delivered for e,ecution shall cause the warrant to be e,ecuted within ten 1-! days from its receipt. Within ten 1-! days after the e,piration of the period, the o%cer to whom it was assigned for e,ecution shall ma&e a report to the judge who issued the warrant. /n case of his failure to e,ecute the warrant, he shall state the reasons therefor. 8a!Section 1. Time of ma!ing arrest. ) (n arrest may be made on any day and at any time of the day or night. 7!Section 7. Metho" of arrest #y ofcer #y $irtue of warrant. ) When ma&ing an arrest by virtue of a warrant, the o%cer 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, e,cept when he 9ees or forcibly resists before the o%cer has opportunity to so inform him, or when the giving of such information will imperil the arrest. The o%cer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so re3uires, the warrant shall be shown to him as soon as practicable. 0a!Section 13. %fcer may summon assistance. ) (n o%cer ma&ing a lawful arrest may orally summon as many persons as he deems necessary to assist him in efecting the arrest. :very person so summoned by an o%cer shall assist him in efecting the arrest when he can render such assistance without detriment to himself. 1-a!Section 11. Right of ofcer to #rea! into #uil"ing or enclosure. ) (n o%cer, in order to ma&e anarrest either by virtue of a warrant, or without a warrant as provided in section 1, may brea& into any building or enclosure where the person to be arrested is or is reasonably believed to be, if heis refused admittance thereto, after announcing his authority and purpose. 11a!Section 12. Right to #rea! out from #uil"ing or enclosure. & Whenever an o%cer has entered the building or enclosure in accordance with the preceding section, he may brea& out therefrom when necessary to liberate himself. 1+a!+a""antle## A""e#tR(LE 11)Section 4. 'rrest without warrant( when lawful. ) ( peace o%cer or a private person may, without a warrant, arrest a person:a! When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an ofense#b! When an ofense has just been committed, and he has probable cause to believe based on personal &nowledge of facts or circumstances that the person to be arrested has committed it# andc! When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving 'nal judgment or is temporarily con'ned while his case is pending, or has escaped while being transferred from one con'nement to another./n cases falling under paragraph a! and b! above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 0 of Rule 11+. 1a!Section 5. Metho" of arrest #y ofcer without warrant. ) When ma&ing an arrest without a warrant, the o%cer 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 ofense, is pursued immediately after its commission, has escaped, 9ees or forcibly resists before the o%cer has opportunity so to inform him, or when the giving of such information will imperil the arrest. ;a!Section 1). 'rrest after escape or rescue. ) /f a person lawfully arrested escapes or is rescued, any person may immediately pursue or reta&e him without a warrant at any time and in any place within the "hilippines. 12!R(LE 112 Section 7. When accuse" lawfully arreste" without warrant. ) When a person is lawfully arrested without a warrant involving an ofense which re3uires a preliminary investigation, the complaint or information may be 'led by a prosecutor without need of such investigation provided an in3uest has been conducted in accordance with e,isting rules. /n the absence or unavailability of an in3uest prosecutor, the complaint may be 'led by the ofended party or a peace o%ce directly with the proper court on the basis of the a%davit of the ofended party or arresting o%cer or person.