Practice question
A peace officer investigating kidnapping seeks to rely solely on RA 4200 Section 3. His police chief gives written approval, but no court order exists and no separate statutory exception is invoked. May the chief's authorization substitute for the required judicial authorization?
- Yes, any written government permission is sufficient.
- Yes, because kidnapping automatically removes every safeguard.
- No; Section 3 requires a written court order obtained through its prescribed application and showing.
- Yes, if the officer promises to seek approval afterward.
- No, because Section 3 can never cover kidnapping.
Legal references
- RA 4200, Sections 1–4, private communications, judicial authorization and exclusion: https://lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html
- Ramirez v Court of Appeals, G.R. No. 93833, September 28, 1995, main decision, participant recording: https://lawphil.net/judjuris/juri1995/sep1995/gr_93833_1995.html
Answer this question in flashcards to review your response and continue practicing.