Philippine Bar review · Question

Practice question: Warrantless Arrest, When Lawful

Multiple Choice Hard

Practice question

An officer observes only an ordinance violation punishable solely by a fine. No other lawful arrest or search ground exists. The officer makes a custodial warrantless arrest solely for that violation and searches the person as incident to arrest. Applying the principle reiterated in Patotoy, which is correct?
  1. Every fine-only offense necessarily authorizes custodial arrest and full search
  2. The fine-only violation does not supply a lawful custodial arrest on these facts, so the asserted incidental-search basis fails
  3. The later discovery of contraband automatically creates the prior arrest ground
  4. The officer may replace the ordinance penalty personally
  5. A search is lawful whenever the officer calls it incidental

Legal references

  • Rule 113, Section 5; Patotoy v. People, G.R. No. 257910, March 4, 2025, main decision.
  • Reviewed primary authority, Rule 113, Section 5: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Reviewed primary authority, Main decision, overt acts and fine-only distinction: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html

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