Philippine Bar review · Question

Practice question: Warrantless Arrest, When Lawful

Multiple Choice Medium

Practice question

An officer arrives shortly after an assault, sees fresh injuries and obtains immediate identification from the victim. Is hot pursuit automatically defeated solely by the absence of a police eyewitness to the blows?
  1. Yes, direct police sight of the blow is the sole permissible basis.
  2. Yes, all victim identifications are rumors by definition.
  3. Yes, the injury must first produce a conviction.
  4. No; the officer’s personally gathered facts must be evaluated under the just-committed and probable-cause requirements.
  5. Yes, Section 5(b) is limited to escaped prisoners.

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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