ARREST

See - ARREST: | MVP Law | Philippines


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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.


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