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Philippine Bar review · Question

Practice question: Search Warrants in State Detention Facilities

Multiple Choice Medium

Practice question

An outside investigator presents only unsigned allegations, and the judge delegates the required witness examination entirely to the clerk. The location is an inmate’s cell. Does the jail setting cure that omission?
  1. An inmate’s cell needs no judicial process for any investigation
  2. Yes; clerks alone may determine search probable cause
  3. Only the warden needs to examine witnesses
  4. No; Section5 requires the judge’s personal examination under the stated safeguards
  5. A police badge substitutes for sworn testimony

Legal references

  • Rule126 Sections1–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Re: Motu Proprio Fact-Finding Investigation involving Mayor Espinosa, A.M.RTJ-17-2494/RTJ-19-2557, January26,2021, MAIN: https://lawphil.net/judjuris/juri2021/jan2021/am_rtj-17-2494_2021.html

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