ARRESTED IN THE PHILIPPINES: WHAT TO DO BEFORE & After
Introduction
Most expats never plan for an arrest. That can be a costly mistake. The wrong words after arrest, signing a document you don’t understand, or not having a number to call for help can turn a bad day into months of trouble. This article gives you the steps, your rights, and a method of preparation to protect yourself.
The US Embassy cannot get you out of jail.
Their own arrest page says embassy officials cannot intervene with judicial officials or interfere with the normal court process. Here is what they can do. An embassy officer will visit you. They give you a list of local attorneys. They take your arrest report. If you sign their Privacy Act release, they can tell your family and friends where you are. They can also arrange for family money to reach you for basic necessities.
Their number is +63 2 5301-2000. An after-hours duty officer is available at the same number.
STAY CALM, DO NOT RESIST, DO NOT RUN
You can beat the wrap. You cannot beat the ride.
Resisting or running adds charges and raises the danger. Keep your hands visible. Keep your voice level.
SAY THREE THINGS
I am a US citizen.
Notify the US Embassy.
I want a lawyer.
Say them politely. Then stop talking.
KNOW YOUR RIGHTS
You have the right to remain silent.
You have the right to a lawyer.
Police must tell you these rights in a language you understand.
The third right comes from Republic Act 7438, a Philippine national law. If you cannot afford a lawyer, the Constitution says the state must provide one. You can also receive visits from family, a doctor, and clergy.
An “invitation” to the police station counts as custodial investigation. That means police questioning of a person in custody. The same rights apply.
SIGN NOTHING WITHOUT A LAWYER PRESENT
No lawyer, no questioning.
Under RA 7438, police cannot conduct custodial investigation without a lawyer. Any waiver of your rights must be in writing and signed in front of your lawyer. Otherwise the law says it has no effect. If a statement is written in a language you cannot follow, do not sign it.
The laws and the practice do not always match. The embassy itself says departures from prescribed procedure do occur. Stay polite. Let your lawyer raise the violations through the legal process.
THE CLOCK, BAIL, AND LAWYERS
Article 125 of the Revised Penal Code sets deadlines. Police must bring you before the proper authorities within 12, 18, or 36 hours, depending on how serious the offense is. This works like the US rule that you must be presented in court after an arrest. The difference is that in the Philippines, for a warrantless arrest, this is usually an inquest prosecutor, who decides whether to file charges in court.
Do not sign a waiver of that deadline without your lawyer.
Bail is possible. The Constitution makes people bailable before conviction, except those charged with offenses punishable by reclusion perpetua when the evidence of guilt is strong. Reclusion perpetua is a very long prison sentence.
Hire a private Filipino lawyer. The embassy publishes a list of attorneys (link below) but does not pay for or arrange a lawyer. Court-appointed lawyers exist. The embassy warns they often put in less effort than a lawyer you pay. The government’s Public Attorney’s Office provides free lawyers based on income. A retired foreigner is unlikely to qualify.
HOW TO PREPARE NOW
Put an emergency package together at home. If you are married, make sure your Filipina knows where it is.
Include:
US Embassy number
Family and friends in the US who can help with legal fees
A lawyer’s name and number
Copies of your passport and immigration papers
A list of your medications
Save the same numbers in your phone.
Make a family plan. Set up a way to get money to your Filipina before you need it.
Enroll in the free Smart Traveler Enrollment Program, called STEP, so the embassy can reach you with alerts.
SUMMARY
An arrest in the Philippines is a test of preparation. The embassy cannot free you. Stay calm. Say three things. Know your three rights. Sign nothing without a lawyer. Hire a private Filipino lawyer. Keep your emergency package up to date, and call list ready.
Citations
US Embassy, Arrest of a U.S. Citizen: https://ph.usembassy.gov/arrest-of-a-u-s-citizen/
US Embassy contact and emergency number: https://ph.usembassy.gov/contact/
Republic Act 7438: https://hrlibrary.umn.edu/research/Philippines/RA-7438.html
Article 125, Revised Penal Code (Executive Order 272): https://lawphil.net/executive/execord/eo1987/eo_272_1987.html