Practice question
For a search-warrant application, the judge delegates the entire sworn examination of the complainant and witnesses to a clerk and signs the warrant without personally examining them. Has the judge complied with Rule 126, Section 5?
- Yes, because a clerk may exercise every judicial function.
- Yes, if the clerk uses official paper.
- Yes, whenever police requested urgency.
- No; the rule requires the judge's personal examination through written, sworn searching questions and answers.
- No; judges may never receive witness testimony.
Legal references
- 1987 Constitution, Article III Section 2: https://lawphil.net/consti/cons1987.html
- Rules of Court, Rule 126 Sections 4–5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html
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