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Arrest Warrant When Valid (Requisites)

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).

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