F.

Probable Cause
a. Probable cause in preliminary investigation (Rule 112, Sec. 1)
Section 1. Preliminary investigation defined; when required. — Preliminary investigation is an inquiry or proceeding
to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed
and the respondent is probably guilty thereof, and should be held for trial.

Except as provided in section 7 of this Rule, a preliminary investigation is required to be conducted before the filing
of a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.

b. Probable cause in warrantless arrest

RULE 113 Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a
warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed, is actually committing, or is attempting
to commit an offense;

(b) When an offense has just been committed, and he has probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while
being transferred from one confinement to another.

G. Personal examination by Judge of the applicant and witnesses

The Judge must before issuing a warrant personally examine in the form of searching questions and answers,
in writing and under oath, the complainant and the witnesses he may produce on facts personally known to
them and attach to the record their sworn statements, together with the affidavits submitted. (Section 5 Rule
126)