Philippine Bar review · Question

Practice question: Effect of Illegal Search and Seizure

Multiple Choice Hard

Practice question

A private person’s conduct is outside Marti’s constitutional exclusion rationale. Does the decision necessarily declare the conduct lawful under every civil, criminal, privacy or contractual rule?
  1. No.
  2. Yes, all private conduct becomes lawful automatically.
  3. Yes, private actors can never incur liability.
  4. Yes, the Constitution repeals every private-law duty.
  5. Yes, every breach of contract is constitutionally required.

Legal references

  • People v. Marti, G.R. No. 81561, January 18, 1991, MAIN decision, genuinely private search without State intervention: https://lawphil.net/judjuris/juri1991/jan1991/gr_81561_1991.html

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