Practice question
An accused appears solely to contest jurisdiction over his person through a proper motion attacking the arrest warrant. The court says every request for any judicial action invariably amounts to full voluntary submission. Is that proposition sound?
- Yes, there are no special appearances.
- No; Miranda recognizes special appearances whose very object is to contest personal jurisdiction or the warrant, distinct from ordinary requests for affirmative relief.
- Yes, a motion challenging a warrant admits guilt.
- No; the court loses subject-matter jurisdiction forever.
- Yes, but only if the motion is verified.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 114 section 26: bail and timely objections to arrest, warrant and preliminary investigation.
- https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html — Patotoy v. People, G.R. 257910, March 4, 2025, main opinion: personal-jurisdiction waiver distinct from evidence admissibility.
- https://lawphil.net/judjuris/juri2006/mar2006/gr_158763_2006.html — Miranda v. Tuliao, G.R. 158763, March 31, 2006, main opinion: custody, voluntary appearance and special appearance.
Answer this question in flashcards to review your response and continue practicing.