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Execution Of Warrant


Section 4. 

THE JUDGE ISSUES A WARRANT OF ARREST IN 2 INSTANCES:
1. Upon the filing of the information by the prosecutor.
      - In issuing this kind of warrant, the judge does not personally
        examine the complainant and the witnesses he may produce, but
        he merely evaluates personally the report and supporting documents
        and other evidence adduced during the preliminary investigation
        and submitted to him by the prosecutor, and if he finds probable
        cause on the basis thereof he issues the warrant for the arrest
        of the accused.

2. Upon application of a peace officer.
      - In this kind of warrant, the judge must personally examine the
        applicant and the witnesses he may produce, to find out whether
        there exists probable cause, otherwise the warrant issued is null
        and void. He must subject the complainant and the witnesses to
        searching questions. The reason for this is there is yet no evidence
        on record upon which he may determine the existence of probable cause.

A warrant of arrest has no expiry date. It remains valid until arrest
is effected or the warrant is lifted.

However, Sec. 4 of Rule 113 requires the head of the office who applied
for warrant to execute the same within 10 days from receipt thereof and
for the arresting officer assigned to execute the same to submit, within
10 days from the expiration of the first 10-day period, a report to the
judge who issued the warrant.

NOTE: The return mentioned in this section refers not to the physical
delivery of the very same copy of the process to the issuing court, but
the report of the officer charged with its execution on the action taken
by him thereon. (People v. Givera, 349 SCRA 513)





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