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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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On September 3, 2026, Judge Victor Ramos, MTC in General Santos City issues a warrant of arrest dated September 3, 2026 for accused Mario Dizon alias 'Mio' for the offense of robbery with frustrated homicide. The warrant is directed to any peace officer in the Philippines, names the accused and alias, identifies the offense, bears the judge's signature and the court seal, and orders the arrest and production before the issuing court. The warrant, however, is issued by a court whose subject-matter jurisdiction is limited to offenses punishable by imprisonment not exceeding six years, whereas the offense charged is punishable by more than six years. 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 September 4, 2026, a police officer executes the warrant by arresting Dizon at his residence in General Santos 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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