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Philippine Bar review · Question

Practice question: Search Incident to a Lawful Arrest

Multiple Choice Easy Jurisprudence

Practice question

Under Rule 126, Section 13, what may be searched for on a lawfully arrested person without a search warrant?
  1. Every unrelated record anywhere in the city
  2. Only items voluntarily offered by the complainant
  3. Only money regardless of relevance
  4. Dangerous weapons or things used in or constituting proof of an offense
  5. Only documents bearing a judge's signature

Legal references

  • Rule 126, Section 13; Macabuhay v. People, G.R. No. 270337, August 13, 2025; Patotoy v. People, G.R. No. 257910, March 4, 2025, main decisions.
  • Reviewed primary authority, Rule 126, Section 13: https://lawphil.net/courts/rules/rc_110-127_crim.html
  • Reviewed primary authority, Main decision, paragraph on substantially contemporaneous search and preexisting probable cause: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/70028
  • Reviewed primary authority, Main decision, search purpose and scope: https://lawphil.net/judjuris/juri2025/mar2025/gr_257910_2025.html

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