Practice question
An officer personally observes a person committing an imprisonable assault and immediately arrests that person without a warrant. Which requirement is directly illustrated?
- Every arrest requires a prior conviction
- Any rumor justifies arrest
- The officer's preference replaces probable cause
- Only an information can establish an overt act
- An overt criminal act occurs in the officer's presence, supporting in flagrante delicto arrest
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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