5th Assignment in Crim Pro Rule 113 126

5th ASSIGNMENT IN CRIMINAL PROCEDURE (JD 601 & LAW 203)
NEMSU – College of Law
RULE 113 & 126
Instructions: Since this is a pdf file, answer in a separate MSWord (or your
preferred word software). Be brief and concise. Use legal-sized paper (11
x 13”), observing the proper margins (1.5” left; 1” all other sides), 14 font-size,
and single spacing. Once you are done, convert your file into pdf and
email to me at emmalazarte@nemsu.edu.ph. Your answer should be
emailed/submitted not later than 5PM of November 10, 2023.
Please follow the rule on ALAC [Answer – one word or a phrase that directly
answers the question. Law (or Rule) – the law or rule that applies to the
particular fact-pattern. Application – the application of the rule to the
facts. Note that “L” and “A” are your discussion/explanation of your
answer. Conclusion – this is a round-up your answer which is usually an
iteration (but expressed differently) of your first Answer.
Additional TIP: Please note the coverage for this assignment. The answers
can be found by studying the appropriate Rule/s (see the heading) and
the cases pertaining to or assigned for the Rule/s under study. Any answer
beyond this (example: by treating the question as one on criminal law!)
would be wrong.
Please include your SURNAME as part of the file name, and do not forget to
print your full name on top of the page.
Case 1:
What is a WARRANT OF ARREST? How about a SEARCH

WARRANT? Explain and distinguish the two. [Do not just copy and paste
the definitions. Use your own words. This should be a short essay; the rating
will consider how well your answer is written.] [15 pts]
Case 2:
Police Officer Dexter was patrolling along Gaisano about 2

o’clock in the morning when he saw Lando coming out of a broken
glass windowpane of the store. Lando was lugging a TV set. When
Lando saw Pat. Dexter, he dropped the TV and ran away. Pat. Dexter
gave chase and caught up with Lando at the next street. He placed
Lando under arrest. When he frisked Lando’s body, Dexter found a
gun tucked to his waist.
6TH ASSIGNMENT IN LAW 203 2
(A) Lando was arrested without a warrant. Was the arrest

valid? Explain. [5 pts]
(B) Lando was also searched without a warrant. Was the

search valid? Explain. [5 pts]
Case 3:
Dindo shot and killed Joshua. Dindo ran away after the
shooting. Karlo witnessed the shooting and reported this to the
police. The police went to the crime scene and saw Joshua’s
bloodied body lying on the ground. They then looked for Dindo but
did not find him at his house or anywhere else. Three days after the
shooting, the police received a tip that Dindo was at the bus terminal
about to board a bus for Butuan. They went to the bus terminal and,
finding Dindo, arrested him.
(A) Is Dindo's warrantless arrest valid? Explain. [5 pts]
(B) Assume that the police found and arrested Dindo at his
uncle’s house (where he hid) within 24 hours after the shooting of
Joshua. Is the warrantless arrest valid? Explain. [5 pts]
Case 4:
Mr. Cornelia, Science Teacher of the Jacinto P. Elpa National

High School, suspected that Rodrigo, a Senior High student, is dealing
shabu in school. One day, Mr. Cornelia stopped Rodrigo at the
hallway of the school. Over the objection of Rodrigo, Mr. Cornelia
searched the former’s bag. He found five sachets of shabu.
(A) Is the search valid? Explain. [5 pts]
(B) Can the five pieces of shabu be used as evidence against

Rodrigo in a criminal case for the violation of Section 11 of R.A. 9165?
Explain. [5 pts]
6TH ASSIGNMENT IN LAW 203 3
Case 5:
Mr. Cornelia, upon finding the five sachets of shabu in Rodrigo’s

bag, called the police. The police came. A policeman then
searched Rodrigo’s body for weapons and found a gun tucked to his
waist. Rodrigo was immediately placed in handcuffs and informed
of his rights. While being transported to the police station on board a
police car, P/MSgt. Barroso talked with Rodrigo asking him why he
was armed. Rodrigo said that he was carrying a firearm because
someone was hunting him for his failure to deliver payment of P50,000
worth of shabu, including the five sachets confiscated by Mr.
Cornelia.
Rodrigo is now detained at the police station. Mike Bombo of

Bombo Radyo arrived to interview him. Rodrigo gave to Mike Bombo
the same statements he gave to Officer Barroso.
(A) Can Rodrigo’s statement to police officer Barroso (where

he basically admitted to the commission of two crimes) be used
against him? Explain. [10 pts]
(B) Can Rodrigo’s statement to Mike Bombo of Bombo Radyo

be used against him? Explain. [10 pts]
Case 6:
P/Lt. Ramirez received a tip that a certain Gary would be

delivering 5 kilos of shabu to Tandag. The information said that Gary
would be driving a red motorcycle with Plate No. 853 and would be
wearing a blue shirt.
P/Lt. Ramirez then set up a checkpoint fronting SDSSU. The

police officers manning the checkpoint stopped and inspected all
motorcycles, paying special attention to a red motorcycle driven by
a man wearing a blue shirt. Upon seeing Mario matching this
description, he was stopped and searched. Five kilos of what appear
to be shabu were found inside the motocycle's top box. Gary was
then arrested.
Is the arrest, search and seizure valid? [10 pts]
*** END ***

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5th ASSIGNMENT IN CRIMINAL PROCEDURE (JD 601 & LAW 203)

NEMSU – College of Law

RULE 113 & 126

What is a WARRANT OF ARREST? How about a SEARCH

Police Officer Dexter was patrolling along Gaisano about 2

(A) Lando was arrested without a warrant. Was the arrest

(B) Lando was also searched without a warrant. Was the

(A) Is Dindo's warrantless arrest valid? Explain. [5 pts]

Mr. Cornelia, Science Teacher of the Jacinto P. Elpa National

(A) Is the search valid? Explain. [5 pts]

(B) Can the five pieces of shabu be used as evidence against

Mr. Cornelia, upon finding the five sachets of shabu in Rodrigo’s

Rodrigo is now detained at the police station. Mike Bombo of

(A) Can Rodrigo’s statement to police officer Barroso (where

(B) Can Rodrigo’s statement to Mike Bombo of Bombo Radyo

P/Lt. Ramirez received a tip that a certain Gary would be

P/Lt. Ramirez then set up a checkpoint fronting SDSSU. The

Is the arrest, search and seizure valid? [10 pts]

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