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Question 10

2025 Bar · Remedial Law · 1 sub-question

14. Armed with a search warrant, police officers searched the house of A for firearms and ammunitions in his presence and in the presence of two barangay officials. One of the police officers found a black basin containing some clothes in A’s bedroom. When the clothes were removed from the basin, a .38 caliber revolver and six pieces of live ammunition were discovered. Based on this, A was charged with illegal possession of firearms and ammunitions. Before arraignment, he assailed the validity of the search warrant for alleged lack of any records indicating that the judge conducted searching questions and answers for the purpose of determining probable cause. The prosecution nonetheless invoked the presumption of regularity in the performance of official duty. Decide with reason(s). 4

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