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Philippine Bar review · Question

Practice question: Execution of Search Warrant

Multiple Choice Hard Jurisprudence

Practice question

Officers carry a daytime-only warrant and propose execution at midnight. They argue that the separate rule allowing arrest at any hour automatically authorizes every nighttime search. Which is correct?
  1. Arrest and search time rules are identical in every respect.
  2. The search must follow section 9 and the warrant’s direction; a permitted day-or-night search requires the stated basis and direction, not merely reliance on arrest hours.
  3. Every search warrant can be served only at night.
  4. Any officer may rewrite the warrant’s time direction orally.
  5. A camera automatically removes every time limit.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 126 sections 7–12: entry, presence, search time, ten-day validity, receipt and return.
  • https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — A.M. 21-06-08-SC, Rule 3 sections 3–8: search recording supplements other execution safeguards, PDF pages 704–706.

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