Philippine Bar review · Question

Practice question: Arrest by Virtue of a Warrant; Requisites for Issuance

Multiple Choice Easy Jurisprudence

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?
  1. Yes, because judges must accept all certifications
  2. Yes, because the prosecutor can issue the warrant
  3. Yes, whenever the offense is serious
  4. No; the judge must personally assess the resolution and supporting evidence
  5. 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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