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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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On January 16, 2026, Judge Maria L. Santos of the Municipal Trial Court (MeTC) in Digos City issues a warrant of arrest dated January 15, 2026, for accused Pedro Dizon alias "Pedo" for the offense of homicide. The warrant is directed to any peace officer in the Philippines, names the accused with alias, identifies the offense, bears the judge’s signature and the court seal, and commands the arrest and production before the issuing court. The warrant is issued by a court whose subject-matter jurisdiction is limited to offenses punishable by imprisonment not exceeding six years, whereas homicide is triable exclusively by the RTC. The warrant is accompanied by an affidavit of probable cause sworn by a police officer, and there is no attached record of the information or complaint supporting the issuance. On January 16, 2026, a police officer executes the warrant by arresting Dizon at his residence in Digos City. Dizon moves to suppress all evidence obtained from the arrest and to secure his immediate release, arguing the arrest was illegal. (a)Identify the requisites for a valid warrant of arrest and indicate which requisites are missing or defective in this scenario. (b)What are the appropriate remedies or outcomes if the warrant is defective? Explain the controlling rule, apply it to the facts, and state the conclusion.

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Clara

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