Malaloan v CA; G.R. No. 104879; 06 May 1994; 232 SCRA 249

in Legal Chyme by

Members of the CAPCOM, armed with a search warrant issued by respondent RTC Judge of Kalookan City in connection with an alleged violation of P.D. 1866 perpetrated in Quezon City, proceeded to the site where a labor seminar was then taking place. Firearms, explosive materials and subversive documents, among others, were seized and taken during the search. Petitioners, all EILER Instructors, were indicted.

Whether or not the issuance of search warrants and/or warrants of arrest is subject to jurisdictional restrictions.

NO. It may be conceded, as a matter of policy, that where a criminal case is pending, the court wherein it was filed, or the assigned branch thereof, has primary jurisdiction to issue the search warrant; and where no such criminal case has yet been filed, that the executive judges or their lawful substitutes in the areas and for the offenses contemplated in Circular No. 19 shall have primary jurisdiction.

Petition is DENIED and the assailed judgment of respondent Court of Appeals is AFFIRMED.

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