An arrest warrant must be issued upon a finding of probable cause by a judge personally. Probable cause means facts and circumstances that would lead a reasonably prudent person to believe an offense was committed by the person to be arrested. The test for issuing an arrest warrant requires less evidence than establishing guilt but must show a prima facie case against the accused.
An arrest warrant must be issued upon a finding of probable cause by a judge personally. Probable cause means facts and circumstances that would lead a reasonably prudent person to believe an offense was committed by the person to be arrested. The test for issuing an arrest warrant requires less evidence than establishing guilt but must show a prima facie case against the accused.
An arrest warrant must be issued upon a finding of probable cause by a judge personally. Probable cause means facts and circumstances that would lead a reasonably prudent person to believe an offense was committed by the person to be arrested. The test for issuing an arrest warrant requires less evidence than establishing guilt but must show a prima facie case against the accused.
Under Constitution, Art III, Sec 2, a warrant of arrest shall issue only:
a. upon finding of probable cause
b. to be determined personally by the judge.
For the issuance of a Warrant of Arrest,
probable cause means such facts and circumstances
which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.
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In the issuance of a Warrant of Arrest, probable cause means "such facts
and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested" (Ocampo u. Abando, G.R. No. 176830, February 11, 2014).
It requires neither absolute certainty nor clear and convincing evidence of
guilt. The test for issuing a warrant of arrest is less stringent than that used for establishing the guilt of the accused. As long as the evidence shows a prima facie case against the accused, the trial court has sufficient ground to issue a warrant for his arrest (People u. Tan, 608 SCRA 85, 95).