Philippine Bar review · Question

Practice question: Method of Arrest

Multiple Choice Hard

Practice question

Officers executing a lawful arrest reasonably believe the suspect is inside a building. They announce authority and purpose and are refused entry. Does Rule 113 invariably require them to abandon the arrest because the door is locked?
  1. Yes, a lock always defeats arrest powers.
  2. Yes, even after refusal of admittance.
  3. No; section 11 permits breaking entry under its stated conditions, while force remains limited to lawful necessity.
  4. No; officers may break into any building without reason or announcement.
  5. Yes, unless the owner first confesses.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 113 sections 2, 3 and 6–14: restraint, information, assistance, entry and access to counsel.

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