Philippine Bar review · Question

Practice question: Warrantless Arrest, When Lawful

Multiple Choice Hard

Practice question

A police officer has reliable personally gathered facts identifying a suspect but the crime is old and no other warrantless ground applies. Does personal knowledge alone satisfy Section 5(b)?
  1. Yes, personal knowledge eliminates the timing condition.
  2. No; the separate just-committed requirement must also be satisfied.
  3. Yes, all crimes remain just committed indefinitely.
  4. Yes, a suspect’s name is itself a warrant.
  5. Yes, a later interview turns any old crime into a new offense.

Legal references

  • Rules of Court, Rule 113, Sections 2-9, and Rule 114, Section 26, as relevant: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Pestilos v. Generoso, G.R. No. 182601, November 10, 2014, MAIN decision (not separate opinion), facts gathered promptly after assault and hot-pursuit arrest: https://lawphil.net/judjuris/juri2014/nov2014/gr_182601_2014.html

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