WHAT IS A PROBABLE CAUSE?

According to batasnatin.com, probable cause is the existence of such facts and

circumstances as would excite the belief in a reasonable mind, acting on the facts within the
knowledge of the prosecutor, that the person charged was guilty of the crime for which he/she was
prosecuted. Also, a probable cause should be based on the evidence that would be adduced by
parties.

In addition, courts may usually find probable cause when there is a reasonable basis for
believing that a crime may have been committed or where evidence of the crime is present in the
place to be searched.

EXECUTIVE OR JUDICIAL FUNCTION?

 Functions of judicial or executive depends on the case of the probable cause.
EXECUTIVE FUNCTION JUDICIAL FUNCTION
The purpose of determining whether there is a This is where the issuance of warrant of arrest
reasonable ground to believe that the accused occurs by the judge.
has committed the offense and should be held
for trial.

LACK OF PROBABLE CAUSE

 It will render a warrantless of arrest invalid
 All or some of the evidences shown in the court will have to be suppressed.

APPLICATION TO SEARCH WARRANTS:

 Probable cause exists when there is a fair probability that a search will result in evidence
of a crime being discovered.
 A judge may issue a search warrant if the affidavit in support of the warrant offers
sufficient credible information to establish a probable cause.

PROBABLE CASES IN THE PHILIPPINES

TITLE AND YEAR LINK
REPUBLIC OF THE https://www.lawphil.net/judjuris/juri2008/feb2008/gr_174629_2
PHILIPPINES vs. HON. 008.html
ANTONIO M. EUGENIO
(2008)
SEVERINO B VERGARA https://www.lawphil.net/judjuris/juri2009/mar2009/gr_174567_
vs. THE HON. 2009.html
OMBUDSMAN (2009)
 THE PEOPLE OF THE https://www.lawphil.net/judjuris/juri2010/aug2010/gr_186529_2
PHILIPPINES vs. JACK 010.html
RACHO y RAQUERO
(2010)
JOSEPH CEREZO vs. http://sc.judiciary.gov.ph/jurisprudence/2011/june2011/185230.h
PEOPLE OF THE tm
PHILIPPINES (2011)
ROSA H. FENEQUITO https://www.lawphil.net/judjuris/juri2012/jul2012/gr_172829_2
vs. BERNARDO 012.html
VERGARA, JR. (2012)
KARLO ANGELO https://lawphil.net/judjuris/juri2013/jan2013/gr_193960_2013.ht
DABALOS y SAN ml
DIEGO vs REGIONAL
TRIAL COURT,BRANCH
59, ANGELES CITY
(2013)
JOEY M. PESTILOS AND https://www.lawphil.net/judjuris/juri2014/nov2014/gr_182601_2
FELLOW vs MORENO 014.html
GENEROSO and PEOPLE
OF THE PHILIPPINES
(2014)
VISION D. YOUNG vs https://www.lawphil.net/judjuris/juri2015/sep2015/gr_188794_2
BENZON ONG AND 015.html
BENNY YOUNG (2015)
HONESTO OGA YON y https://www.lawphil.net/judjuris/juri2016/feb2016/gr_213910_2
DIAZ vs PEOPLE OF 016.html
THE PIDLIPPINES (2016)
MARIO VERIDIANO y https://www.lawphil.net/judjuris/juri2017/jun2017/gr_200370_2017
SAPI vs PEOPLE OF THE .html
PHILIPPINES (2017)
2018 TBA

SOURCES:
https://www.law.cornell.edu/wex/probable_cause#
https://batasnatin.com/law-library/remedial-law/criminal-procedure/504-probable-cause.html
https://batasnatin.com/law-library/remedial-law/criminal-procedure/511-is-the-determination-
of-probable-cause-a-judicial-or-executive-function.html