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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Facts: A warrant of arrest is issued by the Regional Trial Court for Atty. Mia Santos for estafa in connection with a corporate fraud scheme. Police officers go to Santos’s law office at 8:45 a.m., identify themselves as peace officers, and display the warrant. They arrest Santos on the spot and escort her to the station. They read the grounds for the arrest to her, ask her whether she understands the grounds, read her rights or inform her of her constitutional remedies, and present a copy of the warrant to Santos and to her counsel at the time of arrest. (a) Identify the controlling rule on How a warranted arrest must be made under Rule 113 and explain the required steps for a valid execution. (b) Apply that rule to Santos’s arrest in the facts and determine whether it complies. (c) If it does not comply, state the remedies available and the likely impact on the admissibility of evidence obtained as a result.

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The arrest is proper; the essential requirements are met by showing the warrant and identifying the officers; the immediate presence of counsel is not a prerequisite to the validity of the arrest. The arrest is improper because warrants may only be executed in a public place, not in a law office. The arrest is proper only if the accused was taken into custody with a valid warrant and the arresting officers documented the service of the warrant in writing; otherwise, the service is defective. The arrest was properly made; Rule 113 requires that the arresting officers identify themselves as peace officers, show the warrant to the arrested person or to his counsel, arrest him, and deliver a copy of the warrant; The grounds for the arrest and the rights are effectively communicated through the warrant and notices, so the arrest complied.

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