Practice question
Does a prosecutor's bare certification, unsupported by materials placed before the judge, automatically satisfy the judge's duty to determine arrest probable cause?
- Yes, because judges must accept all certifications
- Yes, because the prosecutor can issue the warrant
- Yes, whenever the offense is serious
- No; the judge must personally assess the resolution and supporting evidence
- No; therefore an arrest warrant can never follow preliminary investigation
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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