Philippine Bar review · Question

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

Multiple Choice Hard Jurisprudence

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?
  1. The prosecutor correctly identifies the only two choices
  2. Doubt necessarily requires conviction
  3. The judge must issue a warrant to avoid reviewing the record
  4. The judge may require additional evidence to resolve the doubt, rather than automatically arrest or acquit
  5. 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).

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