Flashcards Studio

A prosecutor in the Regional Trial Court files a verified information charging Diego Santos with murder. The judge conducts an ex parte examination of the complainant and two witnesses and, based on their sworn affidavits, issues a warrant of arrest directed to the city police for the arrest of Diego Santos, also known as “Diego S.,” about 34-36 years old, 5’9” tall, residing at 123 Sampaguita Street, City of Iloilo. The information lists the offense, the accused’s name and alias, and the place of arrest but does not attach the affidavits relied upon. There is another person in Iloilo City named “Diego Santos” who is 35 and bears a similar description. The warrant itself only states the name, alias, approximate age, height, and residence, and does not include any distinguishing marks or other identifiers. (a) Identify the requisites for the issuance of a warrant of arrest and the governing standard of proof. (b) Is the warrant valid on its face? Discuss the sufficiency of the accused’s identification and the adequacy of probable cause as presented to the judge. (c) If the warrant is defective, what remedy should the accused or the defense seek, and why?