Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 16)
The issuing judge has the exclusive and personal responsibility to satisfy himself of the existence of probable cause before issuing a warrant of arrest.
No, the judge is not required to personally examine the complainant and witnesses but must personally evaluate the report and supporting documents submitted by the fiscal.
If the judge finds probable cause based on the fiscal's report and supporting documents, he shall issue a warrant of arrest.
The judge may disregard the fiscal's report and require the submission of supporting affidavits of witnesses to help him decide on the existence of probable cause.
The information must be supported by copies of the evidence submitted by the parties, the affidavits of the complainant/s and their witnesses, the counter-affidavits of the respondent/s and their witnesses, other evidence, and the judge's resolution on the case.
The cases are Vicente Lim, Sr., et al. vs. Hon. Nemesio S. Felix, et al. and Jolly T. Fernandez, et al. vs. Hon. Nemesio S. Felix, et al., promulgated on February 19, 1991.
The principle was first established in Soliven vs. Makasiar, 167 SCRA 393.
The purpose is to ensure that the filing of informations is based on a thorough and documented evaluation of the existence of probable cause, thereby protecting the rights of all parties and ensuring judicial due process.
Strict compliance with submitting supporting evidences including affidavits of complainants and witnesses, counter-affidavits of respondents and their witnesses, and all other relevant evidence along with the judge's resolution is strictly enjoined.