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September 2017 - page 10

Mata v Bayona; G.R. No. L-50720; 26 Mar 1984; 128 SCRA 388

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FACTS: Respondent judge issued a search warrant against petitioner after an information was filed accusing the latter under Presidential Decree 810, as amended by Presidential Decree 1306. During the hearing of the case, petitioner discovered that the search warrant and other pertinent papers connected to the issuance of the same were not attached to the records. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. Section 4 of Rule 126 which provides that the judge must before issuing the warrant personally examine on oath or affirmation the complainant and any witnesses he may produce and take their depositions…

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Silva v Presiding Judge; G.R. No. 891756; 21 Oct 1991; 203 SCRA 140

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FACTS: Pursuant to the filing of an “Application for Search Warrant” and “Deposition of Witness,” respondent judge issued a search warrant directing police officers to search the room of petitioners’ son for violation of the Dangerous Drugs Act, as amended. In the course of the search, the serving officers also seized money belonging to petitioner Antonieta. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. The judge must, before issuing a search warrant, determine whether there is probable cause by examining the complainant and witnesses through searching questions and answers. Respondent judge failed to comply with the legal…

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Mantaring v Roman; AM No. RTJ-93-964; 28 Feb 1996; 254 SCRA 158

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FACTS: Respondent judge issued against a certain Joel Gamo and complainant’s son a search warrant which resulted in the seizure of a home-made gun, a hand grenade, five live ammunitions for caliber 38 and three live ammunitions for 12-gauge shotgun. Because the firearms and ammunition had been found in the house owned by complainant and his son, respondent judge concluded there was probable cause to include the two in the information for illegal possession of firearms and ammunition and accordingly ordered their arrest. ISSUE(S): Whether or not the issuance of the warrant of arrest was proper. HELD: NO. It was…

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Cruz v People; G.R. No. 110436; 27 Jun 1994; 233 SCRA 439

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FACTS: Two informations involving the same set of facts were filed with the Sandiganbayan against petitioner, the first for violation of Republic Act 3019, as amended, and the second for estafa through falsification of public documents. The two cases were consolidated and later remanded to the Office of the Ombudsman for reinvestigation. ISSUE(S): Whether or not the warrant of arrest was invalid because the determination of probable cause was made by the provincial prosecutor. HELD: NO. In a preliminary examination for the issuance of a warrant of arrest, the court is not tasked to review in detail the evidence submitted…

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Allado v Diokno; G.R. No. 113630; 05 May 1994; 232 SCRA 192

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FACTS: In the practice of their profession, and on the basis of an alleged extrajudicial confession of a security guard, petitioners have been accused of the heinous crime of kidnapping with murder by respondent Presidential Anti-Crime Commission (PACC). The Panel of Prosecutors issued a resolution finding a prima facie case against them. The information was filed before respondent judge. and ordered arrested without bail by respondent judge wo issued the assailed warrant of arrest against petitioners. ISSUE(S): Whether or not there was sufficient finding of probable cause. HELD: NO. Respondent judge did not personally examine the evidence nor did he…

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Soliven v Makasiar; G.R. No. 82585; 14 Nov 1988; 167 SCRA 393

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FACTS: Respondent judge issued a warrant against petitioner Beltran pursuant to the filing of a complaint-affidavit against them by the President of the Philippines. ISSUE(S): Whether or not the constitutional rights of petitioner Beltran were violated when respondent RTC Judge issued a warrant for his arrest without personally examining the complainant and the witnesses, if any, to determine probable cause. HELD: NO. What the Constitution underscores is the exclusive and personal responsibility of the issuing judge to satisfy himself of the existence of probable cause. The judge is not required to personally examine the complainant and his witnesses. Petitions are…

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People v Delgado; G.R. Nos. 93419-32; 18 Sep 1990; 189 SCRA 715

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FACTS: The Commission on Elections received a report-complaint from the Election Registrar of Toledo City against private respondents for alleged violation of the Omnibus Election Code. After conducting a preliminary investigation and finding a prima facie case, informations were filed against private respondents in the Regional Trial Court of Toledo City. The respondent court issued an order directing the COMELEC to conduct a reinvestigation of said cases and to submit his report and the Toledo City INP to hold in abeyance the service of the warrants of arrest until the submission of the reinvestigation report. ISSUE(S): Whether or not the…

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People v Inting; G.R. No. 88919; 25 Jul 1990; 187 SCRA 788

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FACTS: A permanent Nursing Attendant, Grade I, filed a complaint with the Commission on Elections against the OIC-Mayor for allegedly transferring her to a very remote barangay without prior permission or clearance from the COMELEC. Finding a prima facie case, the Provincial Election Supervisor filed with the respondent trial court a criminal case for violation of Section 261, Paragraph (h), Omnibus Election Code against the OIC-Mayor. The respondent court issued a warrant of arrest against the accused OIC-Mayor and fixed the bail at five thousand pesos. However, the trial court set aside the warrant on the ground that the Provincial…

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Placer v Villanueva; G.R. Nos. L-60349-62; 29 Dec 1983; 126 SCRA 463

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FACTS: The City Fiscal of Butuan City and his assistants filed several informations, all of which were certified to by the respective investigating fiscals. Following receipt of said informations, respondent judge issued an order setting the hearing of said criminal cases for the purpose of determining the propriety of issuing the corresponding warrants of arrest. After said hearing, respondent judge issued orders requiring petitioners to submit to the court the affidavits of the prosecution witnesses and other documentary evidence in support of the informations to aid him in the exercise of his power of judicial review of the finding of…

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Columbia Pictures, Inc. v Court of Appeals; G.R. No. 111267; 20 Sep 1996; 262 SCRA 219

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FACTS: A search warrant was issued pursuant to information received that private respondent violated Presidential Decree No. 49 (Protection of Intellectual Property). The trial court granted private petitioner’ motion to quash said search warrant for being a general warrant, applying the 20th Century Fox decision. The quashal was affirmed by the respondent Court. ISSUE(S): Whether or not the 20th Century Fox decision is applicable to the motion to quash the search warrant. HELD: NO. The 20th Century Fox ruling cannot be retroactively applied to the instant case to justify the quashal of the search warrant. Judicial interpretation becomes a part…

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