Philippine Bar review · Question

Practice question: Right Against Self-Incrimination

Multiple Choice Hard Jurisprudence

Practice question

A person arrested for extortion resists an unrelated compulsory urine drug test and asks for a lawyer. The test becomes the sole basis of a drug-use conviction. Officials defend it only as a mechanical act outside every constitutional concern. Which best reflects Dela Cruz?
  1. Every sample following any arrest is automatically lawful.
  2. The Court held extortion and drug use legally identical.
  3. Requesting a lawyer waived every objection.
  4. The Court rejected the mechanical-act-only defense and found the compelled test unconstitutional in the stated circumstances.
  5. Any positive result cures all defects in how it was obtained.

Legal references

  • Dela Cruz v. People, G.R. No. 200748, July 23, 2014, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/57255

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