Log In Create Account

Philippine Bar review · Question

Practice question: Special Cybercrime Courts

Multiple Choice Hard

Practice question

After a cybercrime action is instituted, the prosecutor moves in the court that issued the warrant and holds the data for immediate transmittal of the records and items to the criminal-action court. A party argues that the transfer requires no judicial process and may instead be made through an informal private delivery. Which is correct?
  1. Any private delivery automatically satisfies every requirement.
  2. The prosecutor has no transfer duty.
  3. The rule calls for the prescribed motion before the issuing court and transfer of the records, data, items and verified inventory.
  4. Only a news report can authorize transfer.
  5. The data must be publicly posted before transfer.

Legal references

  • https://oca.judiciary.gov.ph/wp-content/uploads/A.M.-No.-17-11-03-SC.pdf — Rule on Cybercrime Warrants, Section 7.2.

Answer this question in flashcards to review your response and continue practicing.