Philippine Bar review · Question

Practice question: Exigent and Emergency Circumstances

Multiple Choice Easy Jurisprudence

Practice question

What factual requirement did De Gracia find alongside urgency to justify the warrantless search?
  1. Proof that every nearby resident was guilty
  2. A final conviction before entry
  3. Only a rumor unrelated to the premises
  4. Reasonable grounds and probable cause to believe a crime was being committed
  5. A waiver of all constitutional rights by the public

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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