Tag Archives: Probable Cause

What instances when a warrantless search is valid?

Article III, Section 2 of the Philippine Constitution provides:             Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall … Continue reading

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May a judge issue a warrant of arrest solely on the basis of the report and recommendation of the investigating prosecutor, without personally determining probable cause by independently examining sufficient evidence submitted by the parties during the preliminary investigation?

The pertinent provision of the Constitution reads: Sec. 2 [Article III]. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be … Continue reading

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While prosecutors are given sufficient latitude of discretion in the determination of probable cause, their findings are subject to review by the Secretary of Justice

The Court held in First Women’s Credit Corporation v. Perez that:[13] It is settled that the determination of whether probable cause exists to warrant the prosecution in court of an accused should be consigned and entrusted to the Department of … Continue reading

Posted in Criminal Law, DOJ, Preliminary Investigation, Probable Cause, Uncategorized | Tagged , | Leave a comment