Philippine Bar review · Question

Practice question: Exigent and Emergency Circumstances

Multiple Choice Medium Jurisprudence

Practice question

An officer cites generalized disorder elsewhere in a city but offers no facts linking criminal activity or urgent danger to the particular building searched. Does De Gracia automatically validate the search?
  1. Yes, all buildings become searchable during unrest
  2. Yes, a uniform supplies all probable cause
  3. Yes, if the building is privately owned
  4. Yes, if occupants do not invite the police
  5. No; the claimed exception requires supporting facts for the particular intrusion

Legal references

  • People v. De Gracia, G.R. Nos. 102009–10, July 6, 1994, Part II; People v. Aruta, G.R. No. 120915, April 3, 1998, main decisions.
  • Reviewed primary authority, Part II only, search holding; obsolete firearms penalty discussion not used: https://lawphil.net/judjuris/juri1994/jul1994/gr_102009_1994.html
  • Reviewed primary authority, Main decision, distinction from De Gracia emergency: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/35755

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