Practice question
An applicant submits sworn affidavits but the judge asks no searching questions and makes no personal examination, believing notarization alone establishes the issuance requirements. Which is correct under Sections 4–5?
- Notarization automatically proves probable cause
- The affidavits do not dispense with the judge's required personal examination and determination
- Only the executing officer may assess the affidavits
- Every sworn allegation conclusively proves all facts
- A warrant requires no judicial assessment if the offense is serious
Legal references
- Rules of Court, Rule 126, Sections 4–6.
- Reviewed primary authority, Rule 126, Sections 4–6: https://lawphil.net/courts/rules/rc_110-127_crim.html
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