30 Questions
When must an objection to the illegality of an arrest be raised?
Before arraignment
What is the consequence of an illegal arrest on documents seized?
They are inadmissible in evidence
Under what article of the Revised Penal Code may an arresting person be held criminally liable for an illegal arrest?
Art. 269
What does jurisdiction refer to in legal terms?
The power of the court to hear, try, and decide a case
What is necessary for the valid exercise of criminal jurisdiction over a case?
Jurisdiction over the subject matter and territory
What does criminal jurisdiction authorize a court to do in relation to a specific offense?
Hear, try, and impose punishment for the offense
Who may prosecute a case if the public prosecutor has a heavy work schedule or there is a lack of public prosecutors?
Private prosecutor with written authorization from the Chief Prosecution Office
What is the main difference between a complaint under Sec. 3 Rule 110 and a complaint filed with the Prosecutor's office?
The source of subscription
In what form is a valid information presented?
A written accusation subscribed by the prosecutor
Why must criminal actions be commenced in the name of the People?
To maintain peace and security of the people at large
What happens if a criminal action is instituted in the name of an offended party or a particular city?
It can be corrected at any stage of the trial
When can a private prosecutor prosecute a case without needing authorization?
A private prosecutor always needs authorization
What is the purpose of an inquest conducted by a public prosecutor in criminal cases?
To determine whether a person should be arrested
How is an arrest officially made?
By the person submitting to custody
What is a warrant of arrest?
A legal authorization for detention
Who is not subject to arrest under certain circumstances?
A senator or member of the House of Representatives
When is a senator or congressman not privileged from arrest, even if Congress is in session?
When the offense is punishable by more than 6 years imprisonment
Who can conduct an inquest in criminal cases besides public prosecutors?
Authorized officers deputized by COMELEC for election offenses
What is the purpose of XPNs in the context provided?
To protect the constitutional rights of the accused
When does a criminal action require a preliminary investigation?
When the offense requires it by law
What does it mean when there is clearly no prima facie case against the accused?
There is insufficient evidence to establish a case
When can a criminal action be instituted without a preliminary investigation?
When there is an injunction from the SC
In which scenario would XPNs likely come into play?
When there is a prejudicial question subjudice
Why might a motion to quash be denied in a criminal case?
Because there was no prima facie case against the accused
In what situation may a judge order the prosecutor to present additional evidence?
When the penalty is a fine only
When is a warrant of arrest not necessary according to the text?
When the accused is already under detention issued by the MTC
Which scenario represents a valid warrantless arrest?
The arresting person believes based on personal knowledge that the person to be arrested has committed an offense
What is meant by 'personal knowledge' in the context of the text?
Belief or reasonable grounds of suspicion based on actual facts
Under what circumstances can a judge deem it unnecessary to issue a warrant of arrest?
When the penalty for the offense is only a fine
In what situation can an arrest be made without a warrant according to the text?
When the person to be arrested has committed, is committing, or attempting to commit an offense in the presence of the arresting person
Test your knowledge on the instances when a warrant of arrest is not necessary and the process of presenting additional evidence in doubt of probable cause. Learn about valid warrantless arrests and legal procedures within the criminal justice system.
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