Practice question
A judge receives only an information and a bare statement that the prosecutor found sufficient grounds, without the evidentiary materials needed for personal assessment. What is the proper approach before issuing an arrest warrant?
- Require the relevant supporting materials and make an independent probable-cause assessment
- Issue automatically because an information was filed
- Ask the police to decide judicial probable cause finally
- Let the complainant sign the warrant
- Treat the accused as convicted
Legal references
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III, Section 2 (judicial probable cause and particularity).
- https://lawphil.net/judjuris/juri2019/aug2019/gr_219157_2019.html — Silver v. Judge Daray, G.R. No. 219157, August 14, 2019, MAIN decision (personal judicial assessment for an arrest warrant).
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/4/70233 — Meking v. Remulla, G.R. No. 280455, November 11, 2025, EN BANC MAIN decision (DOJ-NPS rules and executive charging standard).
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