Whataretheexceptions a 1 bylawfulorderofthecourt 2

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Unformatted text preview: establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another. (Sec. 5, Rule 113, Rules of Court) Q: Can there be a waiver of the right to question an invalid arrest? A: When a person who is detained applies for bail, he is deemed to have waived any irregularity of his arrest which may have occurred. However, if the accused puts up bail before he enters his POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. BILL OF RIGHTS plea, he is not barred from later questioning the legality of his arrest. Note: The waiver is limited to invalid arrest and does not extend to illegal search Q: Are there any other instances where a peace officer can validly conduct a warrantless arrest? A: Yes, in cases of continuing offenses. The crimes of rebellion, subversion, conspiracy or proposal to commit such crimes, and crimes or offenses committed in furtherance thereof, or in connection therewith constitute direct assaults against the State, are in the nature of continuing crimes. Q: Can the place to be searched, as set out in the warrant be amplified or modified by the officers’ personal knowledge of the premises or evidence they adduce in support of their application for the warrant? A: No. Such a change is proscribed by the Constitution which requires a search warrant to particularly describe the place to be searched; otherwise it would open the door to abuse of the search process, and grant to officers executing the search that discretion which the Constitution has precisely removed from them. Q: Which court has the primary jurisdiction in issuing search warrants? A: The RTC where the criminal case is pending or if no information has yet been filed, in RTC in the area/s contemplated. However an RTC not having territo...
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