Philippine Bar review · Question

Practice question: Warrantless Arrest, When Lawful

Multiple Choice Easy

Practice question

In Pestilos, police promptly saw the injured complainant and received identification of the alleged attackers at the scene. Were those circumstances irrelevant merely because police did not see the assault itself?
  1. Yes, only a police eyewitness can supply any relevant fact.
  2. No.
  3. Yes, fresh injuries are always inadmissible to an arrest inquiry.
  4. Yes, victim identification is categorically forbidden.
  5. Yes, every prompt investigation is a prohibited trial.

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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