Philippine Bar review · Question

Practice question: Exigent and Emergency Circumstances

Multiple Choice Easy Jurisprudence

Practice question

Why was the lack of opportunity to secure a warrant material in De Gracia?
  1. Intense armed disorder and closed surrounding courts formed part of the actual urgent conditions
  2. Officers may always disregard courts
  3. Every weekend automatically suspends constitutional rights
  4. Warrants are unnecessary whenever officers work overtime
  5. The mere word emergency proves the exception

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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