Philippine Bar review · Question

Practice question: Search Incident to a Lawful Arrest

Multiple Choice Hard

Practice question

A prosecutor cites Patotoy as authorizing a full evidentiary search after every municipal citation, omitting that the hypothetical violation is fine-only and no other ground exists. Which is correct?
  1. The citation omits the material penalty-and-lawful-arrest distinction
  2. Patotoy eliminates every arrest prerequisite
  3. All ordinances necessarily impose imprisonment
  4. A citation automatically equals a final conviction
  5. The hypothetical suspect must disprove every offense first

Legal references

  • Rule126 Sections1–13: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Patotoy v. People, G.R.257910, March4,2025, MAIN: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html

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