Practice question
On reviewing an RTC information and supporting evidence, a judge doubts that arrest probable cause has been established. The prosecutor insists that the only lawful choices are immediate arrest or a final acquittal. Under the procedure discussed in Silver v. Judge Daray, which is sound?
- The prosecutor correctly identifies the only two choices
- Doubt necessarily requires conviction
- The judge must issue a warrant to avoid reviewing the record
- The judge may require additional evidence to resolve the doubt, rather than automatically arrest or acquit
- The clerk may resolve the evidentiary question
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).
Answer this question in flashcards to review your response and continue practicing.