Practice question
Officers submit a return after a recorded search but omit the required affidavits explaining how the footage was captured, handled and deposited. The judge says the return alone eliminates all further duty. Which is correct?
- The judge is correct in every case
- Rule3 Section6 requires the judge to ascertain submission and issue the prescribed show-cause and submission order if missing
- A recording abolishes custody and documentation requirements
- The officers may privately edit the record without explanation
- Every missing affidavit automatically proves the accused innocent
Legal references
- AM21-06-08-SC Rule3 Section6; PDFpp705–706: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
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