Sample Bar Question

On his way to the PNP Academy in Silang, Cavite on board a public transport bus as a
passenger, Police Inspector Masigasig of the Valenzuela Police witnessed an on-going
armed robbery while the bus was traversing Makati. His alertness and training enabled
him to foil the robbery and to subdue the malefactor. He disarmed the felon and while
frisking him, discovered another handgun tucked in his waist. He seized both
handguns and the malefactor was later charged with the separate crimes of robbery and
illegal possession of firearm.

VIII (A) Where should Police Inspector Masigasig bring the felon for criminal
processing? To Silang, Cavite where he is bound; to Makati where the bus actually was
when the felonies took place; or back to Valenzuela where he is stationed? Which court
has jurisdiction over the criminal cases? (3%)

Police Inspector Masigasig should bring the felon to the nearest police station or jail in Makati
City where the bus was when the felonies took place. In cases of warrantless arrest, the person
arrested without a warrant shall be forthwith delivered to the nearest police station or jail and
shall be proceeded against in accordance with section 7 of Rule 112 (Section 5, Rules of
Criminal Procedure).

VIII (B) May the charges of robbery and illegal possession of firearm be filed directly by
the investigating prosecutor with the appropriate court without a preliminary
investigation? (4%)

Yes. Since the offender was arrested in flagrante delicto without a warrant of arrest; an inquest
proceeding should be conducted and thereafter a case may be filed in court even without the
requisite preliminary investigation. Under Section 7, Rule 112, when a person is
lawfully arrested without a warrant involving an offense which requires preliminary
investigation, the complaint or information may be filed by a prosecutor without the need
of such investigation provided an inquest has been conducted in accordance with existing
rules. In the absence or unavailability of an inquest prosecutor, the complaint may be filed by
the offended party or a peace officer directly with the proper court on the basis of the
affidavit of the offended party or arresting officer or person.