Questions and Answers
What is the definition of arrest?
Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.
What is the primary duty of the officer executing a warrant?
To arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.
An arrest must always be made with a warrant.
False
What is the time frame for executing a warrant of arrest once it is received?
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Which of the following is a lawful reason for making an arrest without a warrant?
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An arrest made without a warrant must be reported to the nearest police station or jail and proceeded against in accordance with section ______ of Rule 112.
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An officer is required to have the warrant in their possession at the time of making an arrest.
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When can a peace officer lawfully arrest a person without a warrant?
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An arrest can be made without any actual restraint if the person submits to custody.
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The duty of the arresting officer includes delivering the accused to the nearest police station or jail without excessive delay.
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According to the rules, unnecessary force can be used when making an arrest to prevent escape.
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The head of the office is required to execute a warrant of arrest within fifteen days of its receipt.
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A private person can arrest someone without informing them of the reason if they are actively committing an offense.
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An arrested person may be subjected to whatever level of restraint the arresting officer deems necessary.
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An officer may break into a building to make an arrest without announcing their authority.
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Once a person has escaped from lawful custody, any person can retake them without a warrant at any location within the Philippines.
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A relative of a person arrested has the right to visit and confer privately with them only during specific hours.
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The Regional Trial Court must issue a warrant of arrest within fifteen days from the filing of the complaint.
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Study Notes
Classroom Rules and Evaluation
- Attendance is mandatory and checked at the beginning of each meeting.
- Recitation may occur randomly; students should be prepared for participation.
- Classes are conducted online via Google Meet, requiring students to have their cameras on throughout.
Student Evaluation Components
- Recitation, quizzes, and attendance contribute 10% to final grade.
- Prelim Exam accounts for 15%.
- Midterm Exam comprises 25%.
- Pre-Final Exam also makes up 25%.
- Final Examination and Portfolio together are worth 25%.
Course Structure
-
Prelims cover two main chapters:
- Chapter 1: Arrest, Searches, and Seizures
- Chapter 2: Prosecution of Criminal Offenses
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Midterms focus on:
- Chapter 3: Court Proceedings
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Pre-Finals concentrate on:
- Chapter 4: Court Testimony
- Finals include the submission of a portfolio.
Arrest, Searches, and Seizures (Chapter 1, Lesson 1)
- Definition: Arrest involves taking a person into custody to answer for an offense.
- Making an Arrest: Requires actual restraint or the person’s submission; any force used must be necessary.
- Duties of Arresting Officer: Must deliver the arrested individual to the nearest police station without delay.
- Execution of Warrant: Must occur within ten days. If not executed, the officer must report to the judge detailing the reasons for the delay.
Arrest Without Warrant
- Lawful conditions for arrest without a warrant include:
- Observing a crime in progress.
- Having probable cause for a recently committed crime.
- Apprehending a prisoner escaping from confinement.
- Timing of Arrest: Can be made at any time of day or night.
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Methods of Arrest:
- With a warrant: Inform the person of their arrest reason and warrant, unless they flee or resist.
- Without a warrant: Inform the individual of authority and reason unless immediate action is necessary.
Key Sections of Rule 113
- Section 4: Report required after ten days if the warrant isn't executed.
- Section 5: Situational parameters for lawful arrests without warrant.
- Section 7 and 8: Outline the necessary disclosure during arrests with or without a warrant, with exceptions based on the circumstances.
Course Structure
- Course Title: Criminal Procedure and Court Testimony (CLJ 6)
- Instructor: Atty. Revelen R. Solis-Cuyos
- Class Rules: Attendance and recitation are mandatory; classes conducted online via Google Meet with cameras on.
Student Evaluation Criteria
- Recitation/Quizzes/Attendance: 10%
- Prelim Exam: 15%
- Midterm Exam: 25%
- Pre-Final Exam: 25%
- Final Exam/Portfolio: 25%
Preliminary Topics
- Chapter 1: Arrest, Searches, and Seizures
- Chapter 2: Prosecution of Criminal Offenses
Midterm Topic
- Chapter 3: Court Proceedings
Pre-Final Topic
- Chapter 4: Court Testimony
Final Evaluation
- Submission of Portfolio
Arrest, Searches, and Seizures
- Definition of Arrest: Taking a person into custody to answer for an alleged offense.
- How Arrest Is Made: Actual restraint or submission to custody; no excessive force allowed.
- Arresting Officer's Duty: Deliver the arrested person to police station quickly.
- Execution of Warrant: Must be executed within 10 days; requires informing the arrestee unless conditions permit otherwise.
- Summoning Assistance: An officer can call for assistance during a lawful arrest without harming anyone.
- Breaking In: Officers can forcibly enter premises to arrest if refused entry after announcing their authority.
- Retaking After Escape: Anyone can pursue and retake a fugitive who has escaped lawful arrest without a warrant within the Philippines.
- Attorney and Relative Rights: Attorneys and relatives can privately visit an arrested person under reasonable regulations.
Issuance of Arrest Warrant
- Probable Cause: Judges assess evidence within 10 days of complaint filing; dismiss cases lacking probable cause.
- Warrant Issuance: If probable cause exists, a warrant is issued; judges may require additional evidence if needed.
Rules of Arrest
- Arrest can occur at any time, day or night, without regard to holidays.
- Both law enforcement officers and civilians can make arrests, but some limitations apply to warrantless arrests.
Warrantless Arrest Scenarios
- In Flagrante Delicto Arrest: Immediate arrest during the commission of a crime, e.g., drug buy-bust operations.
- Hot Pursuit Arrest: Arrest after witnessing or possessing knowledge of a recently committed offense.
Search Warrants
- Issued upon probable cause linked to a specific offense verified by the judge.
- Must outline the location and items to be seized precisely.
Execution of Search Warrants
- Officers may break in to execute a warrant if entry is denied after announcing their intent.
- Searches require the presence of the lawful occupant or witnesses of appropriate age residing nearby.
- Search warrants are valid for 10 days post-issuance; after which they are void.
Important Sections to Note
- Emphasis on legality and procedural adherence in arrests and searches to protect individual rights while enforcing the law.
- Specific roles and responsibilities of law enforcement throughout the arrest and search process to ensure accountability.
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Description
This quiz covers key classroom rules and expectations for the Criminal Procedure and Court Testimony course at the Legacy College of Compostela. It emphasizes attendance, recitation practices, and participation, helping students understand the essential requirements for success in the class.
