This case has been cited 1 times or more.
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2015-08-17 |
SERENO, C.J. |
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| The trial court actually has the following options upon the filing of a criminal information: (1) immediately dismiss the case if the evidence on record clearly fails to establish probable cause; (2) issue a warrant of arrest if it finds probable cause; and (3) order the prosecutor to present additional evidence within five days from notice in case of doubt as to the existence of probable cause.[37] These options are provided in Rule 112, Section 6 (a) of the Rules of Court, which reads: SECTION 6. When warrant of arrest may issue.-" (a) By the Regional Trial Court.-" Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to Section 7 of this Rule. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information. (Emphasis supplied) | |||||