Rules of Court
Rules of Court Remedial Law PART I / Civil Procedure RULE 1 / General Provisions Section 1. Title of the Rules Section 2. In what courts applicable Section 3. Cases governed Section 4. In what case not applicable Section...
Results for “Rules of Court Section 3. Duty of arresting officer”
Rules on Criminal Procedure
Rules on Criminal Procedure Remedial Law RULE 110 / Prosecution of Offenses Section 1. Institution of criminal actions Section 2. The Complaint or information Section 3. Complaint defined Section 4. Information defined S...
A police officer applies to a Municipal Trial Court judge for a search warrant to search a residential building at 12...
A police officer applies to a Municipal Trial Court judge for a search warrant to search a residential building at 123 Abad Street, Barangay Malinis, City of Cebu, for illegal drugs and drug paraphernalia. In the accompa...
Citations: Rules of Court, Rule 126, Constitution, Article III, Section 2
Criminal Procedure
Criminal Procedure Remedial Law RULE 110 / Prosecution of Offenses Section 1. Institution of criminal actions Section 2. The Complaint or information Section 3. Complaint defined Section 4. Information defined Section 5...
Rules on Evidence
Rules on Evidence Remedial Law RULE 128 / General Provisions Section 1. Evidence defined Section 2. Scope Section 3. Admissibility of evidence Section 4. Relevancy RULE 129 / What Need Not Be Proved Section 1. Judicial n...
Rules on Civil Procedure
Rules on Civil Procedure Remedial Law RULE 1 / General Provisions Section 1. Title of the Rules Section 2. In what courts applicable Section 3. Cases governed Section 4. In what case not applicable Section 5. Commencemen...
An official of the Department of Environment and Natural Resources for Region X, the Regional Environmental Officer,...
An official of the Department of Environment and Natural Resources for Region X, the Regional Environmental Officer, is charged in the Regional Trial Court (RTC) with (a) graft and corrupt practices under Republic Act No...
Citations: Rule 110, Section 4, Rules of Court (Sandiganbayan's exclusive original jurisdiction over graft and corrupt practices by public officers), Republic Act No. 3019 (Graft and Corrupt Practices Act)
At a domestic airport security checkpoint, a Security Officer observes Passenger M exhibiting jittery behavior and a...
At a domestic airport security checkpoint, a Security Officer observes Passenger M exhibiting jittery behavior and a suspiciously bulky shape under M’s jacket. Without M’s consent and without a prior warrant, the Officer...
Citations: Constitution of the Philippines, Article III, Section 2, Rules of Court, Rule 126 (Searches and seizures)
Facts: A police officer on patrol observes Adrian, a street vendor, clutching a bag and acting nervously near a busy...
Facts: A police officer on patrol observes Adrian, a street vendor, clutching a bag and acting nervously near a busy intersection. The officer approaches, orders him to stop, and arrests him without a warrant on probable...
Citations: Constitution of the Philippines, Article III, Section 2 (Protection against unreasonable searches and seizures), Rules of Court, Rule 126 (Searches and Seizures)
In a university campus the security officer, Officer Luna, observes a student, Marco, attempt to steal a laptop from...
In a university campus the security officer, Officer Luna, observes a student, Marco, attempt to steal a laptop from another student. Luna gives chase and apprehends Marco a short distance away without a warrant. Marco i...
Citations: Constitution of the Philippines, Article III, Sections 2 and 3, Rules of Court, Rule 113 (Arrest Without a Warrant) and related search-incident doctrine
(a) Identify the controlling doctrine on COMELEC's ministerial duty to receive Certificates of Candidacy (COCs) and i...
...olling doctrine on COMELEC's ministerial duty to receive Certificates of Candidacy (COCs) and its limits. (b) In the following scenario, analyze whether the COMELEC officer’s refusal to receive a COC is legally proper: A...
Citations: 1987 Constitution, Article IX-C (Commission on Elections), Omnibus Election Code (BP 881), COMELEC Rules and Regulations on Certificates of Candidacy, Supreme Court guidance on ministerial duties of public officers to receive filings (general principle)
A city health officer orders the confinement of a 17-year-old student with a contagious disease in a government hospi...
A city health officer orders the confinement of a 17-year-old student with a contagious disease in a government hospital ward, without criminal charges, and refuses to disclose the grounds or provide due process. The hos...
Citations: Constitution of the Philippines, Article III, Section 1, Rules of Court, Rule 65 (Writ of Amparo)
A patrol officer responds to a burglar alarm at a residence and positions himself on the sidewalk outside the gate. T...
A patrol officer responds to a burglar alarm at a residence and positions himself on the sidewalk outside the gate. Through an open garage door, he sees from the public view a pistol and a bag that appears to contain sto...
Citations: Constitution of the Philippines, Article III, Section 2 (Bill of Rights), Rules of Court, Rule 126 (Searches and Seizures)
A police officer secures a warrant issued by Judge Reyes to search the residence of Albert Tan at Unit 9A, Emerald Co...
A police officer secures a warrant issued by Judge Reyes to search the residence of Albert Tan at Unit 9A, Emerald Court, Makati City, for illegal drugs, drug paraphernalia, and items used in the distribution thereof. Th...
Citations: Constitution of the Philippines, Article III, Section 2 (unreasonable searches and seizures) and Section 3, Rules of Court governing searches and seizures, Rule on Search Warrants (Rule 126)
A police officer, accompanied by a barangay tanod, goes to a private residence to arrest Ali for robbery. Ali is insi...
A police officer, accompanied by a barangay tanod, goes to a private residence to arrest Ali for robbery. Ali is inside the house, not in the act of committing a crime, and there is no immediate danger to life or limb. T...
Citations: Constitution of the Philippines, Article III, Section 2 (due process and protection against unreasonable searches and seizures)., Rules of Court, Rule 113 (Arrest of Persons) regarding arrest without a warrant and its limitations.
An officer of the city police, assisted by a barangay tanod, pursues a suspect named Omar who has just robbed a stree...
An officer of the city police, assisted by a barangay tanod, pursues a suspect named Omar who has just robbed a street vendor along Ramon Magsaysay Boulevard. Omar escapes into a private residence and, after a brief stru...
Citations: Rule 113, Section 5, Rules of Court (Warrantless arrests), Constitution, Article III, Section 12 (Custodial interrogation and right to counsel)
Bea Lim lives with her live-in partner, Ken Santos, in a two-bedroom apartment. Two police officers, without a warran...
...r live-in partner, Ken Santos, in a two-bedroom apartment. Two police officers, without a warrant, enter the unit to investigate a tip that drugs are stored there. Ken, who is not the owner but acts as the unit’s manager...
Citations: Constitution of the Philippines, Article III, Section 2 (privacy right and protection against unreasonable searches and seizures), Rules on Search and Seizure (Rule 126, Rules of Court)
During a routine checkpoint on a public utility vehicle, a police officer stops the bus and conducts a warrantless se...
...earch of the tote bag. (b) Explain how this doctrine differs from the rules governing searches of a private residence or a person outside a vehicle. (c) Apply the doctrine to the facts and determine whether the search of...
Citations: Constitution of the Philippines, Article III, Section 2, Rules of Court, Rule 126
In a busy bus terminal, Officer Reyes witnesses a man, Dante, snatch a wallet from a passenger and sprint away. Reyes...
In a busy bus terminal, Officer Reyes witnesses a man, Dante, snatch a wallet from a passenger and sprint away. Reyes gives chase and apprehends Dante a short distance from the scene without a warrant. Dante is then sear...
Citations: Constitution of the Philippines, Article III, Section 2, Rules of Court, Rule 113
In a busy public market, Officer Rivera witnesses a man, Miguel, stab a vendor and attempt to flee. Miguel is immedia...
In a busy public market, Officer Rivera witnesses a man, Miguel, stab a vendor and attempt to flee. Miguel is immediately apprehended by Officer Rivera without a warrant, and the officer then searches Miguel’s person, di...
Citations: Constitution of the Philippines, Article III, Section 2(2) (prohibition against unreasonable searches and seizures), Rules of Court, Rule 113, Section 5 (Arrest without a Warrant; when allowed)
In a mall parking lot, Patrol Officer Ledesma observes a man, Lucas, forcibly snatching a woman's handbag from her pa...
In a mall parking lot, Patrol Officer Ledesma observes a man, Lucas, forcibly snatching a woman's handbag from her parked car and fleeing. Ledesma gives chase and apprehends Lucas a short distance away without a warrant...
Citations: Rule 113, Section 5, Rules of Court, Constitution of the Philippines, Article III, Section 2
Inside a private hospital lobby, a private security guard named Officer Marasigan observes a man, Jomar, snatch a vis...
Inside a private hospital lobby, a private security guard named Officer Marasigan observes a man, Jomar, snatch a visitor’s wallet and run toward a hallway. Marasigan pursues and apprehends Jomar a short distance away wi...
Citations: Constitution of the Philippines, Article III, Section 2 (right against unreasonable searches and seizures)., Rules of Court, Rule 113 (Arrest Without a Warrant).
Inside a public museum atrium near a government office, security officer Officer Reyes observes a man Kai snatch a tr...
Inside a public museum atrium near a government office, security officer Officer Reyes observes a man Kai snatch a traveler's bag and flee. Reyes gives chase and apprehends Kai a short distance away without a warrant. Ka...
Citations: Rules of Court, Rule 113 (Arrest without a warrant)., Constitution of the Philippines, Article III, Section 2 (Unreasonable searches and seizures).
Inside an airport lounge, a security officer witnesses a man, Kai, snatch a traveler's wallet and vanish into a crowd...
Inside an airport lounge, a security officer witnesses a man, Kai, snatch a traveler's wallet and vanish into a crowd. The officer immediately gives chase and apprehends Kai without a warrant near the security checkpoint...
Citations: Constitution, Article III, Section 2, Rules of Court, Rule 113 (Arrest without a warrant)