Philippine Bar review · Question

Practice question: Requisites of a Valid Warrant

Multiple Choice Hard Jurisprudence

Practice question

The only search-warrant witness repeatedly says, under oath, that he believes evidence is in a house, but admits he has no personally known supporting facts. No other evidence supplies them. The judge treats the oath alone as sufficient probable cause. Which is correct?
  1. An oath converts every unsupported belief into sufficient facts.
  2. The required factual inquiry and probable-cause basis are not supplied merely by swearing to a bare belief.
  3. The applicant may omit every connection to an offense.
  4. A judge must issue every sworn request automatically.
  5. The witness’s preference is constitutionally conclusive.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article III, Section 2.
  • Rules of Court, Rule 126, Sections 1 and 3–5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html

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