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?
- An oath converts every unsupported belief into sufficient facts.
- The required factual inquiry and probable-cause basis are not supplied merely by swearing to a bare belief.
- The applicant may omit every connection to an offense.
- A judge must issue every sworn request automatically.
- 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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