WESLEYAN UNIVERSITY PHILIPPINES-MARIA AURORA CAMPUS

CDI3
Preliminary Examination

Instruction: Write the answer on a pad paper and SEND it in a PDF type in the group chat (GC).
Practical Reasoning (essay type) exam

1. Explain the legal effect of not informing the rights of the suspect upon arrest. (5 pts)

Any statement or confession made by police officers in custody without first issuing the Miranda
warning is considered to be involuntary and cannot be used against the suspect in any criminal action.
Any evidence found as a result of that statement or confession will almost certainly be thrown out of the
case as well and It's possible that the judge will rule it illegal. This means that not only will the
offender's confession be thrown out of court, but because it was discovered purely as a result of the
illegal confession.

2. Enumerate and discussed the valid arrest without warrant under rule of court 113 sec 5. (15 pts)

Arrest is defined as the detention of a person in order for him to be bound to answer for the conduct of
an offense. According to Revised Rules of Criminal Procedure, Section 1, Rule 113, courts must usually
issue a warrant of arrest before a person can be arrested otherwise, the arrest will be considered illegal.
However, delaying the issuance of an arrest warrant might make it difficult to arrest criminals. As a
result, our laws list the circumstances in which arresting people without a warrant authorized by our
courts is acceptable.

The Revised Rules on Criminal Procedure, Section 5, Rule 113, states that a peace officer or a private
individual may arrest without a warrant

When the person to be arrested has committed, actually committing or is attempting to commit a crime
in his presence.

When an offense has recently been committed and he has probable cause to suspect that the person to
be arrested has committed it based on personal knowledge of facts or circumstances; and

When a convict person who has escaped from a penal establishment or place where he is serving a final
judgment or is temporarily confined while his case is pending, or who has escaped while being
transferred from one confinement to another.”

The 3 basic important in warrant less arrest

Inflagrante delicto

Hot pursuit

Prisoners arrest
 3. Discuss the significance of the the victim’s role in criminal justice system (10 pts)

Having victims to participate in the criminal justice system serves as a reminder to judges, juries, and
prosecutors that behind the “state” is a single victim who cares about the outcome of the case. It is
suggested that allowing victims to participate in the sentencing process increases justice since victims
can provide accurate information about the gravity of the offense. Improved victim trust with the legal
process and participation with the criminal justice system may result from victim participation. As a
result, the system's opportunity to bring perpetrators to justice may improve.

4. Define and explain the inquest proceeding. (5 pts)

A public prosecutor conducts an inquest procedure, which is a brief and informal investigation. in
criminal situations involving people who have been arrested and detained without a warrant of arrest.

inquest proceeding proper

1. Person is already arrested

2. Person is already detained

3. Summary in nature

4. The purpose of inquest proceeding is to determine if there is a valid cause for the continued
detention.

5. No need for warrant of arrest because the person is already arrested.

5. Define and Explain who are to be considered the victims? (5 pts)

Victim is a person who has been harmed by perpetrator also known as the offender. It is the one
that acted on and usually adversely affected by force .
Victimization refers to a person being made into a victim by someone else and take on psychological
as well as physical forms, both of which are damaging to victims

6. Discuss the Art. 125 of the Revised Penal Code (10 pts)
7. Discuss how the Human Rights are guaranteed and be protected by the states. (10)
8. Explain the PNP motto “TO SERVE AND PROTECT”. (10 pts)
9. What your stand point of view on WAR on DRUGS by the present government, cite the
advantages and disadvantages if there’s any .(15 pts)
10. Limiting the movement of citizen of the state during the COVID 19 pandemic could be a
violation of right to abode? If yes/no explain why (15 pts )

Pls Submit your examination until Friday.