Practice question
Under current DOJ-NPS rules, the prosecutor finds prima facie evidence with reasonable certainty of conviction and files an information with supporting records. The judge says Meking means that executive finding automatically requires an arrest warrant, without a separate judicial assessment. Which is correct?
- Meking transfers warrant authority to the DOJ
- The judge must still personally determine judicial probable cause; the executive charging standard does not eliminate that function
- The prosecutor's finding is already a final criminal conviction
- The judge must dismiss every case filed under D.C. No. 015
- Only the complainant may decide whether an arrest is necessary
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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