G.R. No. 185128, January 30, 2012 citing

July 23, 2019 | Author: Samuel Crawford | Category: Search And Seizure, Search Warrant, Probable Cause, Criminal Procedure In South Africa, Crimes
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Rule 126, Sections 4 and 5 of the 2000 Rules on Criminal Procedure provide for the requisites for the issuance of a search warrant, to wit S!C" 4" Requisites for issuin# search warrant" $ % search warrant shall not issue e&cept upon pro'a'le cause in connection with one specific offense to  'e determined personall( '( the )ud#e after e&amination under oath or  affi affirm rmat atio ion n of the the comp compla lain inan antt and and the the witn witnes esss he ma( ma( prod produc uce, e, and and  particularl( descri'in# the place to 'e searched and the thin#s to 'e sei*ed which ma( 'e an(where in the Philippines" S!C" 5" !&ami !&aminat nation ion of compla complaina inant+ nt+ record record"" $ he he )ud#e )ud#e must, must, 'efore 'efore issuin# the warrant, personall( e&amine in the form of searchin# questions and answers, in writin# and under oath, the complainant and the witnesses he ma( produce on facts personall( -nown to them and attach to the record their sworn statements, to#ether with the affidavits su'mitted" he requisites for the issuance of a search warrant are .1/ pro'a'le cause is  present+ .2/ such pro'a'le cause must 'e determined personall( '( the  )ud#e+ ./ the )ud#e must e&amine, in writin# and under oath or affirmation, the complainant and the witnesses he or she ma( produce+ .4/ the applicant and the witnesses testif( on the facts personall( -nown to them+ and .5/ the warrant specificall( descri'es the place to 'e searched and the thin#s to 'e sei*ed" . Ruben Del Castillo @ Boy Castillo vs. People of the Philippines, G.R. No. 185128, 185128, Januay !", 2"12 #itin$ #itin$  %buan v. People, G.R. No. 1&8''!, (#tobe 2', 2""& /

Pro' Pro'aa'le 'le cause ause for for a sea search rch war warran rant is def define ined as suc such fac facts and circumstances which would lead a reasona'l( discreet and prudent man to  'elieve that an offense has 'een committed and that the o')ects sou#ht in connection with the offense are in the place sou#ht to 'e searched . )antos v.  Py#e Gases, *n#., G.R. No. 1&5122, 1&5122, Nove+be 2!, 2""'  2""' /" /"

A. M. NO. 99-20-09-SC JANUARY 25, 2000 RESOLUTION CLARIFYING GUIDELINES ON THE APPLICATION FOR AND ENFORCEABILITY OF SEARCH WARRANTS

In the interest of an effective administration of justice and pursuant to the powers vested in the Supreme Court by the Constitution, the following are authorized to act on all applications for search warrants involving heinous crimes, illegal gambling, dangerous drugs and illegal possession of firearms: The Eecutive !udge and "ice Eecutive !udges of #egional Trial Courts, $anila and %uezon City, filed by the &hilippine 'ational &olice (&'&), the 'ational *ureau of Investigation ('*I), The &residential +nti-rganized Crime Tas. /orce (&+-CT/) and the #eaction +gainst Crime Tas. /orce (#E+CTT/) with the #egional Trial Courts of $anila and %uezon City0 The applications shall be personally endorsed by the 1eads of the said agencies, for the search of places to be particularly described therein, and the seizure of  property or things as prescribed in the #ules of Court, and to issue the warrants, if justified, which may be served in places outside the territorial jurisdiction of said courts0 The authorized judges shall .eep a special doc.et boo. listing the details of the applications and the result of the searches and seizures made pursuant to the warrants issued0 This #esolution is effective immediately and shall continue until further orders from this Court and shall be an eception to the provisions of Circular 'o0 23 dated 2 -ctober 2456 and Circular 'o0 24 dated 7 +ugust 2458 This #esolution supersedes +dministrative -rder 'o0 948, issued on 29 /ebruary 2448, and +dministrative -rder 'o0 7;48, issued on 24 $arch 24480 The Court +dministrator shall implement this #esolution Enacted this 96th day of !anuary 90 Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-e!es, "nares-#antiago, and De $eon, Jr., JJ., concur0

SPOUSES JOEL AND MARIETTA MARIMLA,   Petitioners,

- versus -

+.R. No. &/' Present  %C3R%, J., !%R787! C%SR,  9R:, P!R%%,  and 9!RS%;:, JJ.

PEOPLE OF THE PHILIPPINES AND HON. OMAR T. VIOLA, Promul#ated RTC Ju!e, "r#n$% &', An!e(es Cit), cto'er 16, 200< Res*onents. %t the heart of the present controvers( are %";" o" e disa#ree" othin# in %";" o"
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