IN THE ISSUANCE
OF A WARRANT OF ARREST, THE MANDATE OF THE CONSTITUTION IS FOR THE JUDGE TO
PERSONALLY DETERMINE THE EXISTENCE OF PROBABLE CAUSE.
The words "personal
determination," was interpreted by the Supreme Court in Soliven
v. Makasiar, G.R. No. 82585, 14 November 1988, 167 SCRA 393,
406)
- the exclusive and personal responsibility
of the issuing judge to satisfy himself as to the existence of probable cause.
(a) personally
evaluate the report and the supporting documents submitted by the
prosecutor regarding the existence of probable cause and, on the basis thereof,
issue a warrant of arrest; or
(b) if on the basis thereof, he finds no probable
cause, disregard the prosecutor's report and require the submission of
supporting affidavits of witnesses to aid him in determining its existence.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.