Practice question
Law enforcement establishes a Section4 offense is about to occur in a city and seeks the appropriate warrant from its designated cybercrime court before an information is filed. It satisfies the other applicable warrant requirements. The opponent says only a final conviction gives the court authority to entertain the application. Which distinction controls?
- A warrant application is an investigative proceeding expressly contemplated before that claimed final-conviction stage
- Final conviction is invariably required
- No cybercrime warrant can precede trial
- An information automatically proves every warrant ground
- Only a sentencing court can ever issue process
Legal references
- Rule on Cybercrime Warrants AM17-11-03-SC Section2.2: https://oca.judiciary.gov.ph/wp-content/uploads/A.M.-No.-17-11-03-SC.pdf
- OCA Circular131-2019 reproducing Section2.2: https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf
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