Practice question
An RTC judge personally reviews the prosecutor's resolution, affidavits, counter-affidavits, and supporting documents, and finds arrest probable cause. The accused argues the warrant is necessarily invalid solely because the judge did not personally question every affiant in open court. Which is correct?
- The judge must always repeat the entire preliminary investigation
- Every arrest warrant requires the same personal questioning procedure as a search warrant
- The stated personal record assessment may suffice; direct examination of every affiant is not invariably required for an arrest warrant
- A clerk's signature is the only issue
- The warrant proves guilt conclusively
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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