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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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A suspect, MARIO DELA CRUZ, is arrested without a warrant by a municipal police officer at a busy market for alleged robbery with violence. He is brought to the City Prosecution Office within 26 hours from the time of arrest. The inquest presiding officer is a sitting Judge of the Municipal Trial Court, who personally questions Mario and records his statements; defense counsel is allowed to participate. The inquest lasts about 2 hours. The prosecutor later files Information for Robbery with violence. Mario challenges the inquest as invalid on the grounds that: (1) inquest must be conducted by a public prosecutor or a judge, not by a police officer; (2) the inquest must be concluded within 24 hours from arrest; and (3) the accused has the right to counsel during the inquest. With these facts, answer: (a) Identify the governing rule on inquest and who may conduct it; (b) Explain whether the described inquest complies with the rule and why; (c) If the inquest is invalid, what remedies are available and how would that affect the Information filed?

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Clara

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