Thanks to visit codestin.com
Credit goes to www.scribd.com

Scribd
Upload
241 views2 pages

Crim Pro

1. A man was killed by another during an argument over a hostess at a nightclub. Two days later, police arrested the killer without a warrant and searched his home, also without a warrant, seizing the gun used in the killing. 2. The gun cannot be admitted as evidence due to the illegal search. The arrest was also illegal as it occurred two days after the crime without a warrant or the police having direct knowledge of the crime. 3. Despite the illegal search and arrest, the killer can still be convicted based on other evidence as the gun is not indispensable to proving the crime.

Uploaded by

Love Faith Hope
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
241 views2 pages

Crim Pro

1. A man was killed by another during an argument over a hostess at a nightclub. Two days later, police arrested the killer without a warrant and searched his home, also without a warrant, seizing the gun used in the killing. 2. The gun cannot be admitted as evidence due to the illegal search. The arrest was also illegal as it occurred two days after the crime without a warrant or the police having direct knowledge of the crime. 3. Despite the illegal search and arrest, the killer can still be convicted based on other evidence as the gun is not indispensable to proving the crime.

Uploaded by

Love Faith Hope
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

1. A was killed by B during a quarrel over a hostess in a nightclub.

Two days after the incident, and upon


complaint of the widow of A, the police arrested B without a warrant of arrest and searched his house
without a search warrant.

a)Can the gun used by B in shooting A, which was seized during the search of the house of B, be
admitted in evidence?

b)Is the arrest of B legal?

c)Under the circumstances, can B be convicted of homicide?

SUGGESTED ANSWER:

(a) No. The gun seized during the search of thehouse of B without a search warrant is not admissiblein
evidence.

(Secs. 2 and 3[2], Art. III of Constitution).

Moreover, the search was not an incident to a lawfularrest of a person under Sec. 12 of Rule 126.(b) No.
A warrantless arrest requires that the crimehas in fact just been committed and the policearresting has
personal knowledge of facts that theperson to be arrested has committed it.

(Sec. 5, Rule113).

Here, the crime has not just been committedsince a period of two days had already lapsed, and
thepolice arresting has no such personal knowledgebecause he was not present when the
incidenthappened.

(Go vs. Court of Appeals. 206 SCRA 138).

(c) Yes. The gun is not indispensable in theconviction of A because the court may rely ontestimonial or
other evidence.

2. Distinguish a Complaint from Information. (2%)

SUGGESTED ANSWER:

In criminal procedure, a complaint is a sworn writtenstatement charging a person with an


offense,subscribed by the offended party, any peace officer orother peace officer charged with the
enforcement ofthe law violated. (Sec. 3, Rule 110, 1985 Rules of CriminalProcedure); while an
information is an accusation in writing charging a person with an offense subscribedby the prosecutor
and filed with the court . (Sec. 4, Id.)

3. When the accused is entitled as a matter of right to bail, may the Court refuse to grant him bail on the
ground that there exists a high degree of probability that he will abscond or escape? Explain.

SUGGESTED ANSWER:
If bail is a matter of right, it cannot be denied on theground that there exists a high degree of
probabilitythat the accused will abscond or escape. What thecourt can do is to increase the amount of
the bail.One of the guidelines that the judge may use in fixinga reasonable amount of bail is the
probability of theaccused appearing in trial

4. What are the rights of the accused before the case is filed in court?

5. What are the rights of the accused after the case is filed in court?

6. Make a comprehensive diagram/flow chart of criminal procedure from commission of crime up to


trial only.

You might also like