Philippine Bar review · Question

Practice question: Warrantless Arrests and Searches

Multiple Choice Medium

Practice question

A prisoner lawfully confined while trial is pending escapes during transfer to another confinement. An officer recognizes the prisoner and retakes him without a new warrant. The prisoner argues Section 5(c) covers only persons already serving final judgment. Which is correct?
  1. Only final convicts are included.
  2. Every pending-case prisoner is immune from recapture.
  3. The rule also includes temporary confinement while a case is pending and escape during transfer.
  4. A new trial must finish before recapture.
  5. A transfer automatically terminates lawful custody.

Legal references

  • Rules of Court, Rule 113, Section 5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Section 5(c).

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