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Philippine Bar review · Question

Practice question: Nature

Multiple Choice Hard

Practice question

Before any information is filed, investigators seek a judicial search warrant to locate described evidence connected with an offense. The respondent argues that a warrant can never issue until a criminal action is already pending because every warrant application is itself a full criminal prosecution. Under Malaloan's nature-of-process distinction, which is sound?
  1. The respondent is right in every case
  2. A warrant may serve in anticipation of a criminal action, subject to all current constitutional and Rule 126 requirements
  3. The application automatically determines guilt
  4. No judicial inquiry is needed before filing an information
  5. Investigators may choose any court without regard to present rules

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
  • https://lawphil.net/judjuris/juri1994/may1994/gr_104879_1994.html — Malaloan v. Court of Appeals, G.R. No. 104879, May 6, 1994, EN BANC MAIN decision (search warrant as special criminal process, not the criminal action); territorial rules governed by current Rule 126.
  • https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III, Section 2 (judicial probable cause and particularity).

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