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?
- The respondent is right in every case
- A warrant may serve in anticipation of a criminal action, subject to all current constitutional and Rule 126 requirements
- The application automatically determines guilt
- No judicial inquiry is needed before filing an information
- 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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