Question XVIII, Political Law, 2018 Bar Exam

Updated on

Two police teams monitored the payment of ransom in a kidnapping case.

The bag containing the ransom money was placed inside an unlocked trunk of a car which was parked at the Angola Commercial Center in Mandaluyong City.

The first police team, stationed in an area near where the car was parked, witnessed the retrieval by the kidnappers of the bag from the unlocked trunk. The kidnappers thereafter boarded their car and proceeded towards the direction of Amorsolo St. in Makati City where the second police team was waiting.

Upon confirmation by radio report from the first police team that the kidnappers were heading towards their direction, the second police team proceeded to conduct surveillance on the car of the kidnappers, eventually saw it enter Ayala Commercial Center in Makati City, and the police team finally blocked it when it slowed down. The members of the second police team approached the vehicle and proceeded to arrest the kidnappers.

Is the warrantless arrest of the kidnappers by the second police team lawful? (5%)

Suggested Answer:

Yes. Answer

Under the Rules of Court, a warrantless arrest may be performed in cases involving hot pursuit. In such a case, when an offense has just been committed, and law enforcers have probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it, said person may be arrested without a warrant. Rule

Further, under jurisprudence, it is sufficient...

 


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