Question & AnswerQ&A (DOJ DEPARTMENT CIRCULAR NO. 16)
The 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; he can evaluate reports and supporting documents submitted by the fiscal instead.
1) Personally evaluate the fiscal's reports and supporting documents and issue a warrant if probable cause exists; 2) If no probable cause is found from the reports, the judge may disregard the fiscal's report and require submission of supporting affidavits of witnesses.
The information must be supported by copies of evidence submitted by the parties, affidavits of the complainants and their witnesses, counter-affidavits of the respondents and their witnesses, other evidence, and the judge's resolution on the case.
It underscores the exclusive responsibility of the issuing judge to personally satisfy the existence of probable cause based on the submitted reports and evidence before issuing a warrant of arrest.
The circular was promulgated by Franklin M. Drilon, Secretary of the DOJ, on April 19, 1991.
The judge may disregard the fiscal's report and require the submission of supporting affidavits from witnesses to help determine probable cause.
To assist the judge in personally evaluating and satisfying the existence of probable cause before issuing a warrant or taking further action.
Yes, strict compliance is enjoined, meaning all procedural requirements must be carefully followed to ensure the validity of the information and the protection of rights.