Methods of arrest: actual restraint or submission to arrest

Regardless of Luna's claim to the contrary, accused Nenito Melvida was arrested. An arrest "is the taking of a person into custody in order that he may be bound to answer for the commission of an offense," and it is made "by an actual restraint of the person to be arrested, or by his submission to the custody of the person making the arrest." Melvida's voluntarily going with Luna upon the latter's "invitation" was a submission to Luna's custody, and Luna beleived that Melvida was a suspect in the robbery charged herein, hence, Melvida was being hled to answer for the commission of the said offense. [G.R. No. 117397. November 13, 1996]