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When may a warrant of arrest be issued?

Criminal Procedure Rule 112 - Preliminary Investigation Warrant of Arrest

A. By the Regional Trial Court

For all RTC cases, a warrant of arrest will naturally issue if there is probable cause.

1.  Within 10 days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence.  

2.  He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause.

3. If he finds probable cause, he shall issue a warrant of arrest or a commitment order if the accused is already under detention.  

4.  In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within 5 days from notice and the issue must be resolved within 30 days from the filing of the complaint or information. (Sec. 5 (a), Rule 112, Rules of Court)


B. By the Municipal Trial Court

PI - For those cases that require preliminary investigation (offenses with a penalty of at least 4 years 2 months and 1 day), follow the same procedure above.  (Sec. 5 (b), Rule 112, Rules of Court)

No PI - For cases not requiring a preliminary investigation and not falling under Summary Procedure, the issuance of a warrant of arrest is subject to the discretion of the court. 

1. If within 10 days from the filing of the complaint or information, the judge finds no probable cause after personally examining the evidence in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the complaint or information.

2.  He may require the submission or additional evidence within 10 days from notice. If he still finds no probable cause, he shall dismiss the case within 10 days from its submission or expiration of said period.

3. If he finds probable cause, he shall issue a warrant of arrest or a commitment order and hold him for trial. If he thinks that there is no necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest. (Sec. 8 (b), Rule 112, Rules of Court)

 

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