Philippine Bar review · Question

Practice question: Title II – Crimes Against the Fundamental Laws of the State

Multiple Choice Hard

Practice question

An officer enters a home against the owner’s will without judicial authority and without any applicable warrantless-entry justification. He searches personal papers despite refusal of consent, then claims that being an officer alone supplies unlimited authority. Which is best?
  1. Public office alone authorizes all home searches
  2. The owner’s refusal makes every search lawful
  3. Only ownership of the papers matters
  4. The facts implicate Article128; official status alone does not supply missing lawful authority
  5. No offense can occur during daytime

Legal references

  • Revised Penal Code Article128: https://lawphil.net/statutes/acts/act1930/act_3815_1930.html

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