“Hot pursuit”

“Hot pursuit” is the chase, when a crime had occurred in the presence of a police officer or when he has “probable cause based on personal knowledge” (he saw the crime or heard shots and screams in his presence or nearby), and the police officer tries to make a valid warrantless arrest but the suspect flees, and he chases him, that’s a “hot pursuit”; as long as it was literally an uninterrupted chase, once he catches up with the suspect he could apprehend him without need of having to go to a judge to get an arrest warrant.

An ordinary citizen can effect what is called a “citizen’s arrest” under the same circumstances of  a valid warrantless arrest.  

Senator Lim used the concept of “hot pursuit” to justify what he did last night when he entered a business establishment called “Manileno Spa” (I’m using generic verbs, I don’t really know what happened here except what was reported by the media). Anyway, the parties have apparently forgiven each other.

[if I had been a campaigner or had been in the position he was in, i.e., was told that fake ER's were being filled up in an establishment, I would probably have gone ballistic too. But i would probably have done a variation (which i wouldn't detail here now) and not the same thing.]

For all of the above, here are the provisions.

Rule 113, Revised Rules of Criminal Procedure Sec. 5. Arrest without warrant; when lawful. – A peace officer 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 offense; (b) 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 (c) 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. In cases falling under paragraphs (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 7 of Rule 112.

Sec. 9. 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 the case 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.

Sec. 11. Right of officer to break into building or enclosure. – An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, 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.