Police: "We cannot arrest blogger Drew Olivar"

WHAT IS AN ARREST? Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

BY INQ: Director Guillermo Eleazar, chief of the National Capital Region Police Office (NCRPO), clarified on Monday why blogger Drew Olivar could not yet be arrested over his “bomb scare” post on Facebook.

He said Olivar’s case was different from that of a Navy trainee who in April 2016 was immediately nabbed for cracking a bomb joke at a station of the Metro Rail Transit Line 3.

“He was arrested while committing a crime,” Eleazar said in a statement.

According to Eleazar, Olivar was not arrested during the press conference since his bomb scare did not fall within the circumstances of warrantless arrest under the Section 5 of Rule 113 of the Revised Rules of Criminal Procedure.

SOURCE: EXPLAINER: Why blogger Drew Olivar can’t be arrested yet for bomb scare By: Cathrine Gonzales - Reporter / @cgonzalesINQ INQUIRER.net / 05:39 PM September 24, 2018 Read more: https://newsinfo.inquirer.net/1035651/explainer-why-blogger-drew-olivar-cant-be-arrested-yet-for-bomb-scare#ixzz5S4bCBZNc Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

Section 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 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 7 of Rule 112.

Popular Posts