Practice question
The only material supporting an essential element cannot lawfully be admitted, and no independent admissible proof is available. May an inquest prosecutor ignore that problem solely because arrest was lawful?
- Yes, arrest makes inadmissible material admissible automatically.
- Yes, inquest requires no evidence of elements.
- Yes, the officer can replace the trial evidence by certification of detention.
- Yes, admissibility matters only after conviction.
- No; the Section 5 evaluation includes admissibility and the sufficiency of the evidence at hand.
Legal references
- Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision, quoting DC 015 (2024), Rule II, Section 5 applicable to preliminary investigations AND inquest proceedings: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233
Answer this question in flashcards to review your response and continue practicing.