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Philippine Bar review · Question

Practice question: Institution and Prosecution of Criminal Action

Multiple Choice Hard

Practice question

An information is filed in a CTA original criminal case. The prosecutor asks the court to issue an arrest warrant automatically without evaluating the resolution or supporting evidence. What does Rule 9 require?
  1. Automatic arrest solely because an information exists
  2. Judicial evaluation of the prosecutor’s resolution and supporting evidence to determine probable cause
  3. The accused’s approval before evidence may be examined
  4. A final conviction before any probable-cause inquiry
  5. A private auditor’s final decision instead of court evaluation

Legal references

  • https://lawphil.net/courts/supreme/am/am_05_11_07_cta_2005.html — Revised Rules of the CTA, Rule 9 sections 2–4 and 10
  • https://lawphil.net/statutes/repacts/ra1997/ra_8424_1997.html — NIRC, section 220

Answer this question in flashcards to review your response and continue practicing.