Probable Cause

Probable Cause

   Probable cause refers to such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. The probable cause must refer to only one offense.

   The insertion of the word "personally" for the judge's determination of the existence of probable cause in the 1987 Constitution serves to underscore the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of a probable cause. He is proscribed from delegating this task of investigation to any other person. He must do it personally.

   In satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge, following the established doctrine and procedure, may either:

      a.) Rely upon the fiscal's certification of the existence of probable cause whether or not the case is cognizable only by the Regional Trial Court and on the basis thereof, issue a warrant of arrest; or

      b.) If on the face of the information he finds no probable cause, he may disregard the fiscal's certification and require the submission of the supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of a probable cause.

   If the judge is satisfied of the existence of the facts upon which the application for the warrant is sought or that there is a probable cause to believe that they exist, he must issue the warrant which must be substantially in the form prescribed by Rules on Criminal Prosedure.