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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Facts: A suspect, MARCO DELA CRUZ, is arrested without a warrant by a patrolman after a market scuffle. He is brought to the City Prosecutor’s Office within 7 hours. The inquest presiding officer is the arresting patrolman, who personally questions Marco and records his statements, while defense counsel is not allowed to participate. The inquest lasts about 2.5 hours. The prosecutor later files Information for Robbery with violence. Marco challenges the inquest as invalid on the grounds that: (1) inquest must be conducted by a public prosecutor or a judge, not by a police officer; (2) the inquest must be concluded within 24 hours of arrest; and (3) the accused has the right to counsel during the inquest. With these facts, answer: (a) Identify the governing rule on inquest and who may conduct it; (b) Explain whether the described inquest complies with the rule and why; (c) If the inquest is invalid, what remedies are available and how would that affect the Information filed?

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