Pineda, Kobe M.

Bravo

CLJ 1

Sample case:

During the period from March 30 to April 14, 1982, the city Fiscal of Butuan City and his assistants filed
in the City Court of Butuan several information. In those informations, it was certified by the fiscal that
preliminary investigation was conducted and probable cause exists. Following the receipt of the
information, the judge ordered the City Fiscal to provide additional evidence to support the issuance of
warrants of arrest against the accused in several criminal cases filed. The fiscal, however, refused to
comply with the order of the judge saying that, he already conducted preliminary investigation and he
found out that probable cause exists. He added that such probable cause is sufficient to justify the
issuance of warrant of arrest. May the certification by the fiscal in the Information as to the existence of
probable cause be the sole basis of a judge in issuing a warrant of arrest?

- It is stated in this statement that the preliminary investigation has been completed by the fiscal
and that the warrant of arrest will not be issued based on the fiscal's certification of the
presence of probable cause whether or not the case is subject to control only in Trial Court. If
the judge finds no reasonable cause on the face of the facts, he may dismiss the fiscal's
certification and request the filing of supporting evidence of witnesses to assist him in reaching
a determination as to the presence of probable cause. But if the judge finds the evidence of the
fiscal it has sufficient evidence to issue a warrant of arrest.