Columbia Pictures v Flores; G.R. No. 78631; 29 Jun 1993; 223 SCRA 761

FACTS:
Petitioners applied for a search warrant with the Regional Trial Court of Pasig against private respondents for violation of the Protection of Intellectual Property law. Upon the offer of pieces of evidence, a search warrant was issued.

ISSUE(S):
Whether or not there are requirements to the issuance of a valid search warrant.

RULING:
YES. In issuing a search warrant, the judge must strictly comply with the constitutional and statutory requirements. He must determine the existence of probable cause by personally examining the applicant and his witnesses in the form of searching questions. The search warrant must contain a specific description of the place to be searched and the articles sought to be seized must be described with particularity.

Petition is DISMISSED and the assailed order is AFFIRMED.

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Category: Legal Chyme

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