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Philippine Bar review · Question

Practice question: Waiver of Objections to Irregularity

Multiple Choice Hard

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?
  1. Yes, there are no special appearances.
  2. No; Miranda recognizes special appearances whose very object is to contest personal jurisdiction or the warrant, distinct from ordinary requests for affirmative relief.
  3. Yes, a motion challenging a warrant admits guilt.
  4. No; the court loses subject-matter jurisdiction forever.
  5. 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.

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