Soliven v Makasiar; G.R. No. 82585; 14 Nov 1988; 167 SCRA 393

FACTS:
Respondent judge issued a warrant against petitioner Beltran pursuant to the filing of a complaint-affidavit against them by the President of the Philippines.

ISSUE(S):
Whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC Judge issued a warrant for his arrest without personally examining the complainant and the witnesses, if any, to determine probable cause.

RULING:
NO. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. The judge is not required to personally examine the complainant and his witnesses.

Petitions are DISMISSED.

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Category: Legal Chyme

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