SET “A”

Name: _________________________________________ Block ____ Date: _________ Score: _______

(1-3) At around 9:30 in the evening of March 15, 2007, PO3 Cardo Dalisay personally witnessed a robbery
incident while he was waiting for his turn to have a haircut at Jonas Borces Beauty Parlor. After his brief
shootout with the armed robbers, the latter fled using a motorcycle and a red Toyota Corolla. Through
an investigation and verification made by the police officers headed by PO3 Cardo Dalisay and S/Insp.
Bagani Lakas, they were able to: a) the identities of the robbery suspects; (b) the place where they
reside; and (c) the ownership of the getaway vehicles used in the robbery, i.e., the motorcycle and the
red Toyota Corolla. The next day, or on March 16, 2007, the checkpoint was arranged for the targeted
arrest of Elsa Droga, who was already identified as the culprit of the robbery incident where, at around
9:30 in the evening, the red Toyota Corolla being driven by Elsa Droga passed by and was intercepted
by the police officers. The police officers then ordered Elsa Droga to disembark the car, and from there,
proceeded to search the vehicle and the body of Elsa Droga, which search yielded the plastic sachet
containing shabu. Thereupon, they effected Elsa Droga’s arrest. In fact, the said search was made
even before he was arrested. Encircle the correct answer.

1. Is the arrest valid under the Doctrine of Hot Pursuit?

a. No, because Elsa Droga is not guilty of the crime of violating Section 11, Article II of Republic
Act No. (RA) 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002."
b. Yes, because the arresting officers had personal knowledge of the robbery incident.
c. No, because there was lack of immediacy to justify “hot pursuit.” The arresting officers should
have secured a warrant.
d. Yes, because Elsa Droga was arrested while committing a crime in the presence of the
arresting officers.

2. Is the checkpoint valid?

a. No, because it was not routinary and not an indiscriminate search of moving vehicles.
Likewise, it was not limited to visual search.
b. Yes, because it was conducted legally.
c. Yes, because it was routinary and indiscriminate search of moving vehicles. Likewise, it was
only limited to visual search.
d. No, because there must be a search warrant before a checkpoint may be conducted.

3. Is the evidence admissible?

a. No, because the chain of custody was broken.
b. Yes, because it was obtained in an “In Flagrate Delicto” arrest.
c. Yes, because it was obtained in a “Hot Pursuit” arrest.
d. No, because the arrest and subsequent search was illegal.

(4-6) Give the 3 requisites for a valid exercise of criminal jurisdiction? Write your answers below.

4. _________________________________________________________________
5. _________________________________________________________________
6. _________________________________________________________________

8. __________________ This refers to the authority of the court to hear and determine a particular
criminal case. The offense, by virtue of the imposable penalty or its nature, is one which the court is by
law authorized to take cognizance of.

9. __________________ is an accusation in writing charging a person with an offense, subscribed

by the prosecutor and filed with the court.
(10-15) Give the contents of a valid complaint or information. Write your answers below.

10. ___________________________________________________________________
11. ___________________________________________________________________
12. ___________________________________________________________________
13. ___________________________________________________________________
14. ___________________________________________________________________
15. ___________________________________________________________________

(16-18) The general rule is that a complaint or information must charge only one offense. Give at least
3 exceptions. Write your answers below.

16. ___________________________________________________________________
17. ___________________________________________________________________
18. ___________________________________________________________________

19. ______________________ refers to a change in either the form or substance of the same offense
in the Information.

21. When, ___________________________, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense. This kind of LAWFUL WARRANTLESS ARREST is called
In Flagrante Delicto.

22. When an offense has in fact just been committed, and he has probable cause to believe based on
_________________________ of fact and circumstance that the person to be arrested has committed
it. This kind of LAWFUL WARRANTLESS ARREST is called Doctrine of Hot Pursuit.

24. Objection to the illegality of the arrest must be raised __________ arraignment, otherwise it is
deemed waived, as the accused, in this case, has voluntarily submitted himself to the jurisdiction of the
court.

25. TRUE or FALSE: In the principle of “search incident to a lawful arrest,” Search must precede the
arrest. _________________.

-Nothing follows-

“Wag mong pilitin kung wala nang laman.”