Practice question
A complainant asks a prosecutor to issue a PHDO personally under A.M. No. 18-07-05-SC. Which is best?
- The prosecutor can replace the judge
- The prosecutor may seek the order from the proper RTC after the rule's preliminary determination; issuance is judicial
- The complainant may issue it by affidavit
- Every complaint automatically creates a PHDO
- An airline determines probable cause
Legal references
- A.M. No. 18-07-05-SC, August 7, 2018, Rule on Precautionary Hold Departure Order, Sections 1-5, quoted in Garcia v. Sandiganbayan, G.R. Nos. 205904-06, October 17, 2018, main opinion: https://lawphil.net/judjuris/juri2018/oct2018/gr_205904-06_2018.html
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