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  • Judge not required to personally examine complainant

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    Robielyn Kate Nerpio
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    The Supreme Court ruled that the constitutional rights of Beltran were not violated when the judge issued an arrest warrant without personally examining the complainant or witnesses. While the Constitution requires a judge to determine probable cause, it does not mandate that the judge personally examine the complainant. The judge can rely on supporting documents submitted by the prosecutor to evaluate probable cause and issue a warrant. As long as the judge personally evaluates evidence to satisfy the existence of probable cause, the requirements for a valid warrant are met, even without examining witnesses directly.

    Descrizione originale:

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    Titolo originale

    Soliven v Makasiar

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    The Supreme Court ruled that the constitutional rights of Beltran were not violated when the judge issued an arrest warrant without personally examining the complainant or witnesses. While the Constitution requires a judge to determine probable cause, it does not mandate that the judge personally examine the complainant. The judge can rely on supporting documents submitted by the prosecutor to evaluate probable cause and issue a warrant. As long as the judge personally evaluates evidence to satisfy the existence of probable cause, the requirements for a valid warrant are met, even without examining witnesses directly.

    Copyright:

    © All Rights Reserved
    Scarica in formato DOCX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    25 visualizzazioni1 pagina

    Judge not required to personally examine complainant

    Caricato da

    Robielyn Kate Nerpio
    The Supreme Court ruled that the constitutional rights of Beltran were not violated when the judge issued an arrest warrant without personally examining the complainant or witnesses. While the Constitution requires a judge to determine probable cause, it does not mandate that the judge personally examine the complainant. The judge can rely on supporting documents submitted by the prosecutor to evaluate probable cause and issue a warrant. As long as the judge personally evaluates evidence to satisfy the existence of probable cause, the requirements for a valid warrant are met, even without examining witnesses directly.

    Copyright:

    © All Rights Reserved
    Scarica in formato DOCX, PDF, TXT o leggi online su Scribd
    Segnala contenuti inappropriati
    di 1

    Soliven v Makasiar cause to be determined personally by the judge after examination

    under oath or affirmation of the complainant and the witnesses he may


    TOPIC: Requisite of a valid warrant produce, and particularly describing the place to be searched and the
    persons or things to be seized.
    FACTS:
    Petitioner Beltran is convinced that the Constitution requires the judge
    Pres. Cory Aquino filed a criminal complaint for libel against Beltran. to personally examine the complainant and his witness in his
    determination of probable cause for the issuance of warrants of arrests.
    Beltran argues that "the reasons which necessitate presidential
    immunity from suit impose a correlative disability to file suit". He -However, what the Constitution underscores is the exclusive and
    contends that if criminal proceedings ensue by virtue of the President's personal responsibility of the issuing judge to satisfy himself of the
    filing of her complaint-affidavit, she may subsequently have to be a existence of probable cause. In doing so, the judge is not required to
    personally examine the complainant and his witness.
    witness for the prosecution, bringing her under the trial court's
    jurisdiction. This would in an indirect way defeat her privilege of Following the established doctrine of procedure, the judge shall: (1)
    immunity from suit, as by testifying on the witness stand, she would be Personally evaluate the report and supporting documents submitted by
    exposing herself to possible contempt of court or perjury. Beltran also the fiscal regarding the existence of probable cause (and on the basis,
    thereof, issue a warrant of arrest); or (2) If on the basis thereof he finds
    contends that he could not be held liable for libel because of the
    no probable cause, he may disregard the fiscals report and require the
    privileged character of the publication. He also says that to allow the submission of supporting affidavits of witnesses to aid him in arriving
    libel case to proceed would produce a chilling effect on press freedom. at a conclusion as to the evidence of probable cause.

    ISSUE:

    W/N the constitutional rights of Beltran were


    violated when respondent RTC judge issued a warrant for his
    arrest without personally examining the complainant and the
    witnesses

    RULING:

    No.
    Art. III, Sec.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 be inviolable, and no
    search warrant or warrant of arrest shall issue except upon probable

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