Lim v. Felix

Summary

This landmark constitutional case established that judges cannot issue warrants of arrest based solely on a prosecutor's certification without personally examining the supporting investigation records. The Supreme Court ruled that the 1987 Constitution's requirement for 'probable cause to be determined personally by the judge' mandates judicial examination of evidence, not mere reliance on prosecutorial recommendations. The decision clarified the distinction between preliminary investigation (executive function) and probable cause determination for warrants (judicial function), emphasizing that while judges may rely on prosecutorial work, they must have the underlying records before them to make an informed determination. The Court recognized practical constraints on judges but maintained that constitutional requirements cannot be compromised, declaring the issuance of warrants without supporting evidence a grave abuse of discretion.