Guidelines for Decongesting Holding Jails by Enforcing the Rights of Accused Persons to Bail and to Speedy Trial

Section 1

Definition of probable cause as a ground for an arrest or issuance of a warrant of arrest. - Probable cause is such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the person sought to be arrested.[75]

Sec 2

Remedy if no warrant of arrest is issued by the investigating judge. -If the investigating judge is satisfied that there is probable cause but did not issue the warrant of arrest contrary to the prosecutor's belief that there is a need to place the accused under custody, the speedy and adequate remedy of the prosecutor is to immediately file the information so that the Regional Trial Court judge may issue the warrant for the arrest of the accused.[76]

Sec 3

If a warrant of arrest has been issued, the prosecutor may request the warrant officer that he be furnished with the officer's return relative thereto. The prosecutor shall, as far as practicable, coordinate with the witnesses from time to time to ascertain the whereabouts of the accused pending the latter's arrest.