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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Judge Celia Cruz issues a warrant of arrest dated July 1, 2025, for accused Luis Mercado for the crime of robbery with frustrated homicide. The warrant is addressed to any peace officer in the Philippines, names the accused (Luis Mercado) and the offense, bears the judge’s signature and the court seal, and commands the arrest and production of Mercado before the issuing court. The warrant, however, is issued without any accompanying affidavit of probable cause or oath/affirmation detailing the facts constituting probable cause, and there is no attached record of the information or complaint supporting the issuance. On July 2, 2025, at 06:30 AM, a police officer executes the warrant by knocking down Mercado’s door and taking him into custody at his home in Manila. Mercado moves to suppress all evidence obtained from the arrest and to grant him immediate release, arguing the arrest was illegal. Is the arrest valid under the requisites for a warrant of arrest? If not, which requisites are missing or defective, and what are the appropriate remedies or outcomes? Explain the controlling rule, apply it to the facts, and state the conclusion.

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