Can a judge issue a warrant without personally examining the complainant?
A judge cannot issue a search or arrest warrant without a personal determination of probable cause. This determination must involve the examination of the complainant and any witnesses produced under oath. The judge must be convinced that the search or arrest is legally justified based on the testimony. According to Article III Section 2 1987 Philippine Constitution, this is a mandatory procedural step. “…no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce…” 28-Jan-26About Nicolas and De Vega Law Offices
Nicolas and De Vega Law Offices is a full-service law firm in the Philippines. You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines. You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.
