Practice question
A private shop owner personally sees a person deliberately smashing the shop’s glass with a hammer in the commission of an offense and immediately takes that person into custody. Assume the offense and reasonable manner are established. Does lack of police status alone defeat Section 5(a)?
- Yes, private persons are categorically excluded.
- No; a private person may act on the stated in-presence ground.
- Yes, the owner must first obtain a conviction.
- Yes, the owner must become a Senator.
- No, because ownership permits arrest of every visitor.
Legal references
- Rules of Court, Rule 113, Section 5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html Section 5(a).
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