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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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On February 20, 2026, Judge Vicente Ramos, MTC, General Santos City, issues a warrant of arrest dated February 20, 2026, for accused Carlos Dizon alias "Carlo" 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 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 attached a record of the information or complaint supporting the issuance. On February 21, 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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