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Philippine Bar review · Question

Practice question: Search Incident to a Lawful Arrest

Multiple Choice Medium

Practice question

Officers personally observe an imprisonment-punishable ordinance violation and lawfully arrest under Rule113. Counsel argues an ordinance can never support an incident search because it is not an Act of Congress. Which is correct?
  1. All ordinance searches are valid regardless of arrest
  2. Every ordinance arrest is necessarily void
  3. Only national felony arrests can support any search
  4. The officer must ignore every local penal law
  5. Patotoy rejects that categorical distinction where the arrest is lawful

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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