2025 Remedial Law, Q13

A was charged with murder for the death of his neighbor, B. Upon a finding of probable cause, the presiding judge of Branch 31, Regional Trial Court-Makati City, issued a warrant of arrest on A. Police Corporal X (PCPl X) and Warrant Officer Police Staff Sergeant (PSSg) Y implemented the warrant of arrest on A without using body-worn cameras and one alternative recording device. A argued that the implementation of the warrant of arrest was unlawful since the Rules on the Use of Body-Worn Cameras in the Execution of Warrants was not observed. Is A correct? Reason(s).

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Is A correct in arguing that the implementation of the warrant of arrest was unlawful due to the non-use of body-worn cameras?

Under A.M. No. 21-06-08-SC, what is the legal consequence for police officers who fail to use body-worn cameras without justification when executing an arrest warrant?

Which rule governs the mandatory use of body-worn cameras in the execution of warrants in the Philippines?

What happens to evidence obtained during an arrest executed without body-worn cameras under Section 5, Rule 2 of A.M. No. 21-06-08-SC?

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What is required for a warrant of arrest implementation to remain lawful despite the non-use of body-worn cameras?

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1. Body-Worn Cameras
Under A.M. No. 21-06-08-SC, law enforcement officers executing warrants of arrest are required to use body-worn cameras or alternative recording devices to capture the operation. The rule promotes transparency, deters civil rights abuses, and provides objective visual and audio evidence during arrest procedures. However, the requirement is procedural, designed to regulate law enforcement conduct and preserve objective records without altering the core constitutional validity of a judicial arrest warrant issued upon probable cause.

2. Validity of Arrest
Section 5, Rule 2 of the Rules on the Use of Body-Worn Cameras explicitly provides that failure to observe recording requirements does not render an arrest unlawful or evidence inadmissible. An arrest remains valid as long as it is executed pursuant to a legitimate warrant issued by a competent judge upon probable cause. While non-compliance with camera rules does not invalidate the arrest itself, the arresting officers may be subjected to administrative sanctions or held in contempt of court for failing to observe Supreme Court directives.

3. Contempt and Liability
Although non-use of body-worn cameras does not nullify a warrant's execution, officers who fail to comply without justifiable reason face disciplinary repercussions. The trial court issuing the warrant or supervising the operation may hold non-complying law enforcement personnel in contempt of court. Additionally, administrative liability may attach under police disciplinary regulations. This statutory structure balances accused persons' constitutional protections against illegal arrests with effective law enforcement execution, ensuring that minor technical omissions by officers do not result in the automatic release of dangerous suspects.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026