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Philippine Bar review · Question

Practice question: Suspension of Arraignment

Multiple Choice Hard

Practice question

An accused’s arraignment is properly deferred because of DOJ review. He asserts that this alone invalidates the arrest warrant and prevents officers from acquiring custody. Is that correct?
  1. Yes, review automatically annuls every warrant.
  2. Yes, the court loses all jurisdiction.
  3. Yes, arraignment and warrant execution are identical acts.
  4. No; Corpus distinguishes suspension of arraignment from execution of an arrest warrant to acquire jurisdiction over the person.
  5. No; a reviewing office can never review a prosecutor’s resolution.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 116 section 11: grounds and limits of suspension; Rule 111 sections 6–7: qualifying prejudicial question.
  • https://lawphil.net/judjuris/juri2018/sep2018/gr_186403_2018.html — Corpus v. Pamular, G.R. 186403, September 5, 2018, main opinion: 60-day limit and arrest-warrant distinction.

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