The Short Answer
You have the right to stay silent and the right to a lawyer. If you cannot afford one, the state must give you one for free, usually from the Public Attorney's Office (PAO). You cannot be hurt, threatened or kept in a secret place, and anything you are forced to say cannot be used against you. Your family, a doctor and a priest or pastor may visit you, and in most cases you can ask to go home on bail while your case goes on.
Example: An "Invitation" to the Station in Antipolo
Names and details in this example are made up.
Ramon "Mon" Santos drives a tricycle in Barangay San Isidro, Antipolo City. One night in May 2026, a neighbour's motorcycle is stolen. The next morning, two police officers come to Mon's house and "invite" him to the station to answer a few questions. His wife Liza, whose sister is a caregiver in Hong Kong, watches him get into the patrol car and does not know what to do.
Is Mon under arrest? The officers say no, it is just an invitation. But under the law on the rights of persons under custodial investigation (Republic Act No. 7438, or RA 7438), an "invitation" to someone suspected of a crime counts as custodial investigation (questioning by the police while you are in their hands). So all of Mon's rights apply.
At the station. Before asking anything, the investigator must tell Mon, in Tagalog or another language he understands, that he can stay silent and can have a lawyer. Mon says: "Gusto ko po ng abogado bago ako magsalita." From that moment, the questioning should stop until a lawyer is there. He signs nothing.
What Liza does. She goes to the station with their son and asks to see Mon. As his wife she has a right to visit. She also goes to the nearest PAO district office and asks for a lawyer to assist Mon. The PAO lawyer talks to Mon in private.
What happens next. Mon was not caught in the act, and nobody has a warrant for him, so the police cannot simply keep him. He goes home that afternoon. A few weeks later, the neighbour files a complaint at the Antipolo City Prosecutor's Office. Mon receives a subpoena (an order to answer) and, with the PAO lawyer's help, files a sworn Counter-Affidavit (his side of the story) by the deadline in the subpoena. The prosecutor will decide whether there is enough evidence to bring a case to court.
Your Rights the Moment You Are Taken
Article III, Section 12 of the 1987 Constitution and RA 7438 give every person arrested, detained or under custodial investigation these rights:
- To be told your rights, in a language you understand, before any questioning. The officer must also tell you why you are being arrested.
- To remain silent. Staying quiet cannot be held against you. You can give your name and still decline to answer questions about what happened.
- To a competent and independent lawyer, preferably one you choose. If you cannot afford one, one must be provided for free. PAO lawyers do this work.
- To talk with your lawyer in private, at any time.
- To visits from your immediate family (including your spouse, fiancé or fiancée, parents, children, brothers and sisters, grandparents, uncles and aunts), a doctor, a priest or minister of your choice, and accredited human rights groups.
- Not to be tortured, forced, threatened or tricked, and not to be held in a secret or incommunicado place (where no one can reach you).
You can give up the right to stay silent and to a lawyer only in writing and in the presence of a lawyer. A confession taken without these safeguards cannot be used as evidence against you.
When the Police Can Arrest Without a Warrant
The general rule is that the police need a warrant of arrest signed by a judge. Rule 113, Section 5 of the Rules of Court allows an arrest without a warrant in only three cases:
- you are caught in the act of committing, or trying to commit, a crime in front of the officer;
- a crime has just been committed and the officer has probable cause (a strong reason), based on what they personally know of the facts, to believe you did it (often called hot pursuit);
- you are a prisoner who escaped.
Outside these cases, an arrest without a warrant is not allowed. Private persons can make a "citizen's arrest" in the same three cases, and must hand the person over to the police.
If you are arrested, do not fight or run, even if you think the arrest is wrong. Resisting can lead to injury and a separate charge. Stay calm, ask why you are being arrested, ask for a lawyer, and let your lawyer challenge the arrest later.
Inquest, the 12/18/36-Hour Rule and Bail
A person arrested without a warrant must be brought before the proper judicial authorities within set hours, depending on how serious the crime is (Revised Penal Code, Art. 125):
| Kind of Offense | Time Limit |
|---|---|
| Light penalties (minor offenses) | 12 hours |
| Correctional penalties (less serious crimes) | 18 hours |
| Afflictive or capital penalties (the most serious crimes) | 36 hours |
In practice, the police bring you to an inquest (a quick review by a prosecutor of whether you were lawfully arrested and should be charged). You can ask for a full preliminary investigation instead, which gives you time to file your side, but you must sign a waiver of Art. 125 (a paper giving up the time limit) with your lawyer present, and you usually stay in custody while it runs. Ask your lawyer before you sign.
Bail (money or a bond given so you can go home while the case continues) is a right under Article III, Section 13 of the Constitution. The only exception: crimes punishable by reclusion perpetua (life imprisonment), when the evidence of guilt is strong. Bail can be cash, a surety bond from a bonding company, or property. A person who is too poor to pay may be released on recognizance (the promise of a responsible person or the barangay) in cases the law allows.
Torture and Abuse
The Anti-Torture Act of 2009 (Republic Act No. 9745, or RA 9745) punishes any officer who tortures a person in custody, physically or mentally. No order from a superior and no emergency makes torture lawful. A person in custody has the right to be examined by an independent doctor of their choice, before and after questioning.
If you or a family member was abused, ask for a medical examination right away and keep the Medical Certificate. You can complain to the Commission on Human Rights (CHR), which has regional offices, and to the prosecutor. A family that cannot find a detained relative can also ask the court for the writ of habeas corpus (an order to bring the person before the court).
What Your Family Can Do
- Go to the station and ask where the person is held and what the charge is. Write down the officers' names and the station.
- Ask to visit. As immediate family, you have a right to.
- Go to the nearest PAO district office, usually in or near the Hall of Justice, and ask for a lawyer to assist. PAO lawyers also attend inquests.
- Bring the person's ID, medicines and a change of clothes.
- Do not pay anyone at the station who offers to "fix" the case. Bail is paid to the court and you get an Official Receipt.
Not every quarrel ends in an arrest. Many complaints between neighbours start at the barangay; see do I need to go to the barangay first. And no one can be jailed just for an unpaid debt; see can I go to jail for unpaid debt.
Common Questions
Pwede ba Akong Hindi Sumama Kapag "Ini-invite" lang Ako ng Pulis?
An invitation without a warrant is not an arrest, and you may politely decline or ask to come with a lawyer. If you do go, RA 7438 treats an invitation of a suspect as custodial investigation, so you keep your right to stay silent and to a lawyer. Do not resist physically if the officers say you are under arrest; ask why and ask for a lawyer.
Do I Have to Sign the Statement the Police Prepared?
No. You do not have to sign anything. A written confession is valid only if it was made with the help of a lawyer, or with a valid written waiver signed in front of a lawyer. Do not sign papers you do not understand.
Can My Family Visit Me in the Police Station?
Yes. RA 7438 allows visits by your immediate family, a doctor, a priest or religious minister you choose, and accredited human rights groups. The jail may set reasonable visiting rules, but it cannot keep you from everyone.
Wala Akong Pambayad ng Abogado. Saan Ako Lalapit?
The Public Attorney's Office (PAO) gives free legal help to people who qualify, and its lawyers assist people under custodial investigation and at inquests. IBP legal aid offices also help. If you have no lawyer when questioned, the police must give you one before any questioning.
Can the Police Arrest Me Just Because Someone Filed a Complaint?
A complaint alone is not enough. Unless you were caught in the act, a crime was just committed and the officer has personal knowledge, or you escaped, the police need a warrant from a judge. A complaint at the prosecutor's office usually leads first to a subpoena, so you can file your side.
Not legal advice. This is general information. For advice on your own situation, consult a lawyer. If you cannot afford one, the Public Attorney's Office (PAO) or an IBP legal aid office may help for free.
Government fees, rules and requirements change, so always check with the office concerned before you go. This page explains the general rules; it cannot tell you how they apply to your own family or case. Last reviewed October 8, 2026.