Vital Matters to Remember in the Issuance of a Warrant of Arrest

In the issuance of a warrant of arrest against a person criminally charged in court, the following vital matters need to be kept in mind, to wit:

"First . . . the determination of [the existence of] probable cause by the prosecutor is for a purpose different from that which is to be made by the judge. Whether there is reasonable ground to believe that the accused is guilty of the offense charged and should be held for trial is what the prosecutor passes upon. The judge, on the other hand, determines whether a warrant of arrest should be issued against the accused, i.e. whether there is a necessity for placing him under immediate custody in order not to frustrate the ends of justice. . .

Judicial Determination of Probable Cause for the Purpose of Issuing a Warrant of Arrest : Is There a Need for the Complete Records of the Case to Have Already Been Forwarded to the Trial Court?

Still in connection with Search and Seizure, I am sharing here the ruling of the High Tribunal in the case of Roberts vs. CA, G.R. No. 113930, March 5, 1996. We look into the ponencia first, then the dissent of Justice Puno.