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Philippine Bar review · Question

Practice question: Warrantless Arrest, When Lawful

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Practice question

Explain the significance of whether an observed ordinance violation is punishable solely by a fine when police claim a custodial arrest and an incidental search are justified. Apply Patotoy without treating all ordinance violations alike.

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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