6/7/2020
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arrested committed it. The law enforcement agencies may also opt to ask for a PWA
with PHDO or simply a PHDO.
The judge's determination of probable cause shall be done in accordance with the
requirements in Section 2, Article III of the Constitution. He shall set a hearing on the
application to personally examine under oath or affirmation, in form of searching
questions and answers, the applicant and the witnesses he may produce on facts
personally known to them and attach to the record their sworn statements. If satisfied
of the existence of probable cause based on the application and its attachments, the
testimonies of the witnesses, and other evidence presented during the hearing, the
judge may issue the warrant and direct the Philippine National Police or the National
Bureau of Investigation to effect the arrest.
The suggested revision in the Rules, to my mind, will help solve the problem caused by
the declaration of nullity of the HDOs and WLOs issued by the DOJ. The law
enforcement agencies can apply for a PWA or PHDO to prevent suspects from fleeing
the country and to detain and arrest them at the airport. This may also solve the
problem of extrajudicial killings as the law enforcement agency is now provided with an
adequate remedy for the arrest of the criminals.
I vote to GRANT the petition.
[1] Page 22 of the Decision.
[2] Hon. Executive Secretary, et. al. v. Southwing Heavy Industries, Inc., G.R. No.
164171, February 20, 2006, 482 SCRA 673, 686.
[3] SEC. 4. Authority to Issue, Deny, Restrict or Cancel. - Upon the application of any
qualified Filipino citizen, the Secretary of Foreign Affairs or any of his authorized
consular officer may issue passports in accordance with this Act.
Philippine consular officers in a foreign country shall be authorized by the Secretary to
issue, verify, restrict, cancel or refuse a passport in the area of jurisdiction of the Post
in accordance with the provisions of this Act.
In the interest of national security, public safety and public health, the Secretary or any
of the authorized consular officers may, after due hearing and in their proper
discretion, refuse to issue a passport, or restrict its use or withdraw or cancel a
passport: Provided, however, That such act shall not mean a loss or doubt on the
person's citizenship: Provided, further, That the issuance of a passport may not be
denied if the safety and interest of the Filipino citizen is at stake: Provided, finally, That
refusal or cancellation of a passport would not prevent the issuance of a Travel
Document to allow for a safe return journey by a Filipino to tlie Philippines. (Emphasis
supplied)
[4] Section 4. Requisites for issuing search warrant. — A search warrant shall not issue
except upon probable cause in connection with one specific offense to be determined
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/64165
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