Philippine Bar review · Question

Practice question: Probable Cause

Multiple Choice Medium

Practice question

A judge refuses every warrant application unless guilt has already been proved at a full criminal trial beyond reasonable doubt. Is that the Rule 126 issuance standard?
  1. Yes, warrants issue only after conviction.
  2. Yes, probable cause means final guilt.
  3. No; the judge assesses probable cause under sections 4–6, not a final trial determination of guilt.
  4. No; any bare suspicion is sufficient.
  5. Yes, unless the applicant promises a conviction.

Legal references

  • https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 126 sections 4–6: one specific offense, personal judicial determination, searching examination and issuance.

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