Chapter 4

Question 1

What are the two modes of arrest?

Answer 1

1.Arrest by virtue of a warrant.
2.Arrest without a warrant under exceptional circumstances as may be provided by the statute.

Question 2

refers to the facts and circumstances which could lead a reasonable, discreet and prudent man to believe that the property subject of an offense is in the place sought to be searched.

Answer 2

PROBABLE CAUSE

Question 3

it is a warrant containing no specific person to be arrested but only descriptions based from the testimonies of the victims or the witnesses. It contains the physical description of the accused as well as other factors to be considered for the identification of the accused.

Answer 3

RICHARD DOE/JOHN DOE WARRANT

Question 4

It refers to the warrant of arrest issued by a judge to the peace officer after returning the original warrant of arrest after the lapse of the 10-day validity period.

Answer 4

ALIAS WARRANT

Question 5

It is any authorized member from the law enforcement agency usually from the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant for execution within 10 days from receipt subject to renewal in case of failure to execute the same.

Answer 5

WARRANT OFFICER

Question 6

•The head of office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt.
• Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant. In case of failure to execute the warrant, he shall state the reasons therefore. (Sec. 4, Rule 113, Rule of Court)

Answer 6

EXECUTION OF WARRANT

Question 7

As a general rule, it is a requisite that warrant should be issued in the name of the person to be arrested. Any peace officer who arrests a person without warrant may be liable under Article 125 of the RPC (Arbitrary Detention).

Answer 7

WARRANTLESS ARREST

Question 8

The supreme court held that rebellion is a continuing offense. Accordingly, a rebel may be arrested with or without a warrant, as he is deemed to be in the act of committing the offense at any time of the day or night.

Answer 8

UMIL VS. RAMOS (187 SCRA 311)

Question 9

It was held that when a police officer sees the offense, although at a distance, or hears the disturbance created thereby, and proceeds at once to the scene thereof, he may effect an arrest without a warrant. The offense is deemed committed in the presence or within the view of the officer.

Answer 9

PEOPLE VS. SUCRO (195 SCRA 388)

Question 10

Where the policeman saw the victim dead at the hospital and when they inspected the crime scene, they found the instrument of death, and the eyewitness reported the happening and pointed Gerente as one of the killers, the warrantless arrest of Genere only three hours after the killing was held valid, since the policeman had personal knowledge of the violent death of the victim of the facts indicating that Genere and two others had killed the victim

Answer 10

PEOPLE VS. GERENTE (219 SCRA 756)

Question 11

The word “SEARCH” was derived from the Anglo-Norman word__________ Old French “Cerchier” which means ___________________ and latin word “Circare” which means _________________.

Answer 11

Searcher
To explore
Go around in circles

Question 12

As used in this subject, is the act of examining persons, documents, papers and effects.

Answer 12

SEARCH

Question 13

an order in writing issued in the name of the People of the Philippines, signed by the judge and directed to a peace officer commanding him to search for personal property and bring it before the court (Sec. 1. Rule 126, Rules of Court

Answer 13

SEARCH WARRANT

Question 14

The rights of the people to be secure in their persons, house, papers and effects against unreasonable searches and seizure of whatever purpose shall be inviolable, and no search warrant or warrant of arrest may issue except upon probable cause to be personally determined by the judge after oath or examination of the complainant or the witnesses he may produce and particularly describing therein the places to be searched and the persons or things to be seized.

Answer 14

CONSTITUTIONAL PROVISION ON SEARCH

Question 15

What are the INSTANCES OF WARRANTLESS SEARCHES

Answer 15

1.SEARCH INCIDENTAL TO A LAWFUL ARREST
2.SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS
3. PLAIN VIEW DOCTRINE SEARCH
4.SEARCH OF MOVING VEHICLES
5.INSPECTION OF BUILDING FOR FIRE AND SANITARY REGULATIONS
6.CONSENTED SEARCH

Question 16

This is legally accepted provided that the search is contemporaneous to the arrest and within the permissible area. A person lawfully arrested may be searched for dangerous weapons or anything, which may be used as proof of the commission of an offense, without search warrant

Answer 16

SEARCH INCIDENTAL TO A LAWFUL ARREST

Question 17

The search involves illegal entry of smuggled goods in our country that may affect the local business especially the small time businessmen. The search is usually conducted by the officers and agents of the Bureau of Customs.

Answer 17

SEARCH IN VIOLATION OF TARIFF AND CUSTOM LAWS

Question 18

police officers can seize articles or objects which inadvertently come to their view without exerting any efforts and which object iss incriminatory to the accused. Based from decisions of trial courts, the doctrine includes the five senses of an individual to detect violation of law.

Answer 18

PLAIN VIEW DOCTRINE SEARCH

Question 19

The doctrine requires that the police officer in order to validate the confiscation of an object in plain must have a right to be in that place and whatever objects become obvious or apparent without obstruction or impairment may be subject to seizure.

Answer 19

PLAIN VIEW DOCTRINE SEARCH

Question 20

is popularly called as “Checkpoint”. This instance of warrantless search cannot be done anytime. The “Checkpoints” must be done during “Abnormal time” when the public welfare is at stake. Thus, every vehicle that passes the certain checkpoint can search without search warrant

Answer 20

SEARCH OF MOVING VEHICLES

Question 21

required to enter every building as well as every room necessary to be inspected without arming themselves with search warrant. The inspectors need not be armed with search warrant to enter the premises or rooms of the building to be inspected

Answer 21

INSPECTION OF BUILDING FOR FIRE AND SANITARY REGULATIONS

Question 22

If the person submitted himself voluntarily to be search, it is valid, as if there is a search warrant because of the consent of the person to be searched. The consent of the person must not have been because of intimidation, threat of the person making the search.

Answer 22

CONSENTED SEARCH

Question 23

How arrest is made by

Answer 23

1. An actual restraint of a person to be arrested. Or
2. By his submission to the custody of the person making the arrest.

Question 24

It is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Answer 24

ARREST

Question 25

if a crime is punishable by Arresto Menor (Prison term from 1- 30 days), public censure, fine below 200 pesos.

Answer 25

TWELVE HOURS

Question 26

if the crime is punishable by Prison Correctional (prison term from 6 months and 1 day to 6 years), Arresto Mayor (prison term from 1 month 1 day to 6 months), Suspension, destierro, Fine from 200 to 6,000 pesos.

Answer 26

EIGHTEEN HOURS

Question 27

if the crime is punishable by Reclusion Perpetua, Reclusion Temporal, Perpetual or Temporary Absolute disqualification, Perpetual or Temporary Special Disqualification, Prison Mayor, fine exceeding 6,000 pesos.

Answer 27

THIRTY-SIX HOURS

Question 28

THE EXTENT OF AUTHORITY OF ARRESTING OFFICER ARE

Answer 28

1. Can employ necessary force to carry out the arrest (Rule 113, Sec, Par 2 of Rules of Court)
2. Can restrain the subject in order to take him into custody (Rule 113, Sec. 1 & 2, Rules of Court)
3. Can deliver the subject to jail (Rule 113, Sec 3)
4. Can orally summon as many persons as he deems necessary to aid him during the arrest (Rule 113, Sec. 10)
5. Can break into a building or enclosure where subject is or is reasonably believed to be, when admittance is refused despite announcement of his authority and purpose.
   (Rule 113, Sec 11 of Rules of Court)
6. Can break out the building or enclosure when necessary to liberate himself
   (Rule 113, Rules of Court)
7. Can search arrested person for weapon or anything used, or constitute proof in the commission of an offense (Rule 126, Sec 13)

Question 29

Is the taking of a person into custody in order that he may be bound to answer for the commission of an offense

Answer 29

Arrest

Question 30

The term “Arrest” came from the Latin word “Arrestare” which means ________ and “Restare” which means ____________. This term was used as early as during the 14th century

Answer 30

Cause to stop,
Stay behind

Question 31

Is an order in writing issued in the name of the people of the Philippines signed by Judge directed to a peace officer, commanding him to arrest the person designated and take him into the custody of the law in order that he may be bound to answer for the commission of an offense

Answer 31

Warrant of Arrest