Philippine Bar review · Question

Practice question: Waiver of Objections to Irregularity

Multiple Choice Hard

Practice question

Police arrest a person solely for a fine-only ordinance violation, then conduct an asserted search incident to arrest and find a firearm. He pleads without preserving a personal-jurisdiction objection but challenges the firearm evidence. Under Patotoy, may the prosecution justify the search solely by the plea?
  1. No; waiver of the arrest objection does not itself validate the incidental search or make its fruits admissible
  2. Yes; a plea necessarily validates every earlier search
  3. Yes; every fine-only violation authorizes a custodial arrest for search
  4. Yes; the plea proves the weapon was lawfully seized
  5. Yes; search legality is never reviewable after court appearance

Legal references

  • Rules of Court, Rule114 Sections5,8,17,19,26: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Patotoy v People, GR257910, March4,2025, MAIN opinion, limited personal-jurisdiction waiver and fine-only ordinance arrest: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html

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