DOCTRINE: What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself

of the existence of probable cause. In

satisfying himself of the existence of probable cause for the issuance of a warrant of arrest, the judge is not required to personally examine the complainant and his
witnesses. Following established doctrine and procedure, he shall: (1) personally evaluate the report and the supporting documents submitted by the fiscal regarding the
existence of probable cause and, on the basis thereof, issue a warrant of arrest; or (2) if on the basis thereof he finds no probable cause, he may disregard the fiscal’s report
and require the submission of supporting affidavits of witnesses to aid him in arriving at a conclusion as to the existence of probable cause.
TITLE FACTS ISSUE(S) RULING(S)

People v. Carbonell, G.R. No. This is a petition for certiorari assailing the Order Whether or not the judge is required NO.
171465, June 7, 2007 of the RTC La Union dismissing the rape case filed to personally examine the complainant
The Court states that what the Constitution underscores
against private respondent Arzadon for lack of and her witnesses in satisfying himself
is the exclusive and personal responsibility of the
probable cause. of the existence of probable cause for
issuing judge to satisfy himself of the existence of
-Petitioner worked as a secretary at the Arzadon
the issuance of WoA?
probable cause. In satisfying himself of the existence of
Automotive and Car Service Center. probable cause for the issuance of a warrant of arrest,
the judge is not required to personally examine the
Ynares-Santiago, J. -Private respondent Arzadon raped the petitioner
complainant and his witnesses.
and the latter got pregnant as a consequence.
TOPIC: Following established doctrine and procedure, he shall:
-Petitioner then filed a complaint for rape against
Arrest (1) personally evaluate the report and the supporting
Arzadon.
documents submitted by the fiscal regarding the
-Assistant City Prosecutor Cosalan, 2nd Assistant existence of probable cause and, on the basis thereof,
Provincial Prosecutor Hidalgo, a panel of issue a warrant of arrest; or (2) if on the basis thereof
prosecutors and the Secretary of Justice Gonzales, he finds no probable cause, he may disregard the
all found probable cause in the case filed by the fiscal’s report and require the submission of
petitioner. supporting affidavits of witnesses to aid him in arriving
at a conclusion as to the existence of probable cause.
-Consequently, Arzadon filed an "Urgent Motion for
 GER WORDS/ KEYWORD(S): Judicial Determination of Probable Cause for the In this case, respondent Judge dismissed the
Purpose of Issuing a Warrant of Arrest." case without taking into consideration the Resolutions
Judge disregarding probable cause
of 2nd Assistant Provincial Prosecutor Hidalgo, the
due to absence of complainant and -Respondent Judge Carbonell granted the motion
panel of prosecutors, and the Department of Justice, all
her witnesses during hearing for and directed petitioner and her witnesses to take
of which sustain a finding of probable cause against
determination of probable cause the witness stand.
Arzadon. Moreover, he failed to evaluate the evidence
-Instead of taking the witness stand, petitioner filed in support thereof. Respondent judge’s finding of lack of
MR claiming that the documentary evidence probable cause was premised only on the complainant’s
sufficiently established the existence of probable and her witnesses’ absence during the hearing
cause. scheduled by him for the judicial determination of
probable cause.
-Thereafter, Judge Carbonell dismissed the criminal
case for lack of probable cause. After a careful examination of the records, the Court
found that there is sufficient evidence to establish
probable cause.

WHEREFORE, the petition is GRANTED. The Orders of RTC

La Union dismissing Criminal Case for lack of probable cause
are REVERSED and SET ASIDE, and the Information in the said
case is REINSTATED.

RELEVANT CASE:

Soliven vs. Makasiar

The constitutional provision does not mandatorily require the judge to personally examine the complainant and her witnesses. Instead, he may opt to personally evaluate the report and
supporting documents submitted by the prosecutor or he may disregard the prosecutor’s report and require the submission of supporting affidavits of witnesses.

Webb v. De Leon

Before issuing warrants of arrest, judges merely determine the probability, not the certainty, of guilt of an accused. In doing so, judges do not conduct a de novo hearing to determine the
existence of probable cause. They just personally review the initial determination of the prosecutor finding a probable cause to see if it is supported by substantial evidence.