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?
- Automatic arrest solely because an information exists
- Judicial evaluation of the prosecutor’s resolution and supporting evidence to determine probable cause
- The accused’s approval before evidence may be examined
- A final conviction before any probable-cause inquiry
- 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.