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Neither the Rules of Court nor any law prohibits house arrest as a reasonable mode of placing an accused in custody

Press Statements
  • Office of Rep. Edcel C. Lagman
  • 29 November 2011
  • 0916-6406737

 

          Neither the Rules of Court nor any law prohibits house arrest as a reasonable mode of placing an accused in custody.

             On the contrary, the Human Security Act of 2007 (R.A. No. 9372 on Anti-Terrorism) authorizes house arrest, and decisions of the Supreme Court have recognized house arrest as consistent with the purpose of custodial detention which is to secure the safety of the accused and prevent his escape as provided for in R.A. 7438 (An Act Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation as well as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof).

           Rule 113 of the Rules of Court defines arrest as “the taking of a person into custody in order that he may be bound to answer to the commission of the offense”, but does not impose that the custody be in a prison facility.

           House arrest has been institutionalized worldwide in deference to former presidents, premiers, kings and heads of state or when confinement in prison is not appropriate due to the age or delicate medical condition of the accused.