Module 2.2 Flashcards
When is the preliminary investigation is required?
Except as provided in Section 7 of this Rule, a preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four (4) years, two (2) months and one (1) day without regard to the fine.
In a rape case, jurisdiction is conferred by
1
When is the accused allowed to file a motion to quash
At any time before entering the plea, the accused may move to quash the complaint or information
If the prosecutor made an unfavorable resolution of a complaint in an preliminary investigation or inquest investigation where can the accused file petition of review of the said resolution?
Secretary of justice within 15 days from the time of receipt of resolution
Is a mandatory file search of laptops of the parting passengers at airports reasonable?
1
X is a notorious criminal killed Y. Moments later, W reported the killing to the police, knowing X personally, police Juan Dela Cruz swiftly arrested X by his lonesome. Is the arrest lawful?
Partly No, because the arrest must be accompanied by a witness
While on police mobile patrol, police officers A and B sighted C stabbing E to death, A and B chased C who barge into the house of E. A and B entered the house of E where they found one kilo of Shabu . A and B arrested C. A and B also arrested E for drug possession and took the one kilo of shabu to the police station without a search warrant. Did A and B violate the rule on criminal procedure?
1.No
Police officers A, B, C, D and E implemented a valid search warrant in the house of X who was then out of the country. The five police officers found the 13 years old son of X and the family cook, so they decided to invite the Brgy. Chairman and the president of the home owner association to witness the implementation of the search warrant. What felony of any did the police officers commit.
Rule 126
Book 2
