Arrest.
SEC. 412. Arrest. — A defendant may be arrested in the following cases:
1. In an action for the recovery of money or damages on a cause of action arising upon contract, express or implied, when the defendant is about to depart from the Philippine Islands, with intent to defraud his creditors;
2. In an action for money or property embezzled or fraudulently misapplied or converted to his own use by a public officer, or an officer of a corporation, or an attorney, factor, broker, agent or clerk, in the course of employment as such, or by any other person in a fiduciary capacity, or for a willful violation of duty;
3. In an action to recover the possession of personal property unjustly detained, when the property, or any part thereof, has been concealed, removed, or disposed of, to prevent its being found or taken by the officer;
4. When the defendant has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought; or in concealing or disposing of the property, for the taking, detention, or conversion of which the action is brought;
5. When the defendant has removed or disposed of his property, or is about to do so, with intent to defraud his creditors.
Who may grant order for arrest.
SEC. 413. Who may grant order for arrest. — An order for the arrest of the defendant must be obtained from the judge or justice of the peace of the court in which the action is brought, or from a judge of the Supreme Court. Without such order the defendant can not be arrested.
Granting order of arrest.
SEC. 414. Granting order of arrest. — A judge or justice of the peace shall grant an order of arrest when it is made to appear to him by the affidavit of the plaintiff, or some other person who knows the facts, that a sufficient cause of action exists, and that the cause is one of those mentioned in section four hundred and twelve. If the order for arrest is made, the affidavit must be filed with the clerk of the court or the justice of the peace, as the case may be.
Obligation for damages in case of arrest.
SEC. 415. Obligation for damages in case of arrest. — Before making the order, the party applying for it or some person on his behalf must execute to the defendant an obligation in an amount to be fixed by the judge or justice of the peace and with sufficient surety, to be approved by him, which obligation must be at least five hundred dollars, that the plaintiff will pay all costs which may be adjudged to the defendant, and all damages which he may sustain by reason of the arrest, if the same shall finally be adjudged to have been wrongful or without sufficient cause.
Executing order of arrest.
SEC. 416. Executing order of arrest. — The officer making the arrest must deliver to the defendant a copy of the affidavit and of the order of arrest, and keep the defendant in custody until discharged by law.
Discharge of defendant.
SEC. 417. Discharge of defendant. — The defendant, at any time before execution, may be discharged from arrest, either upon depositing with the clerk or justice of the peace of the court in which the action is pending the amount mentioned in the order of arrest, or upon giving bail as provided in the next section.
Giving bail.
SEC. 418. Giving bail. — The defendant may give bail by causing an obligation to be executed to the plaintiff, with two or more sufficient sureties to be approved by the judge or justice of the peace who granted the order or arrest, that the defendant will at all times render himself amenable to the process of the court, during the pendency of the action and to such as may be issued to enforce the judgment therein, or that they will pay to the plaintiff the amount of any judgment which may be recovered in the action.
Exoneration of bail.
SEC. 419. Exoneration of bail. — At any time before the issuance of execution, the sureties may surrender the defendant to the officer of the court, who shall thereafter retain him in custody, until he is otherwise discharged by law; and for that purpose the sureties may themselves arrest, or, by written authority indorsed on a certified copy of the obligation, may empower the officer of the court to arrest the defendant. If the bail do not surrender the defendant or cause him to be surrendered before the issuing of execution on the judgment, they shall be finally charged on their obligation and bound to pay upon demand the amount of the judgment, which may be collected from them after notice and summary hearing in the same action, except in the cases hereinafter provided.
Death or imprisonment of defendant.
SEC. 420. Death or imprisonment of defendant. — Bail shall be exonerated by the death of the defendant, or his imprisonment in a public penitentiary, or by his legal discharge from the obligation.
Filing order of arrest and bond.
SEC. 421. Filing order of arrest and bond. — The officer serving the order of arrest shall immediately after perfecting the arrest file the order with his return thereon, together with the obligation, in the office of the clerk of the court in which the action is pending.
Disposition of money deposited.
SEC. 422. Disposition of money deposited. — Where money has been deposited in lieu of bail, it shall be applied under the direction of the court to the satisfaction of such judgment, if any, as may have been rendered in favor of the plaintiff, and after satisfying the judgment the balance shall be refunded to the defendant or his assignee. If the judgment is in favor of the defendant, the whole sum deposited must be refunded to him, or his assignee.
Application by defendant for reduction of bail or vacating order of arrest.
SEC. 423. Application by defendant for reduction of bail or vacating order of arrest. — A defendant arrested may, at any time before the trial of the action, apply to the judge or justice of the peace who made the order, or to the court in which the action is pending, upon reasonable notice, to vacate the order of arrest, or to reduce the amount of bail. Upon such application, the judge or justice of the peace or court shall grant immediate hearing, after notice to the parties, and, upon hearing, make such orders as appear to be just as to continuing the order of arrest, or vacating the same, or reducing the amount of bail required.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
