Practice question
An RTC judge personally examines the prosecutor's resolution and supporting witness evidence and independently finds probable cause for an arrest warrant. The accused argues that the warrant is necessarily void solely because the judge did not conduct a live personal examination of each witness as required for search warrants. Assume no other defect. Is that categorical objection correct?
- No; personal judicial determination is required, but an arrest-warrant determination may rest on the judge's own evaluation of the prosecutor's report and supporting evidence.
- Yes; the same live examination procedure necessarily governs every warrant.
- Yes; a prosecutor alone issues the warrant.
- No; judges may issue arrest warrants without reviewing any evidence.
- Yes; no arrest warrant may issue until guilt is proved beyond reasonable doubt.
Legal references
- Rules of Court, Rule 112 Section 6(a): https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html
- G.R. No. 219157, August 14, 2019, main decision discussing judicial arrest-warrant probable cause and supporting documents: https://lawphil.net/judjuris/juri2019/aug2019/gr_219157_2019.html
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