Question 18, 2018 Political Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

XVIII

(Question XVIII, Political Law, 2018 Bar Exam)

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 for the arresting team that they were monitoring the pay-off for a number of hours long enough for them to be informed that it was indeed the accused, who was the kidnapper. This is equivalent to personal knowledge based on probable cause. Rule

In the case at bar, the first team and second team of police officers were working in tandem in that operation. The second team was monitoring the pay-off. Accordingly, when the second team received information from the first team on the retrieval of the ransom money and the description of the car, the second team acted on it resulting in the valid arrest of the kidnappers. Apply

Thus, the warrantless arrest of the kidnappers by the second police team was lawful. Conclusion

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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