Prudente v Dayrit; G.R. No. 82870; 14 Dec 1989; 180 SCRA 69

in Legal Chyme by

An application was filed for the issuance of a search warrant against petitioner for violation of PD 1866 (Illegal Possession of Firearms, etc.), specifically listing all the weapons and ammunitions believed to be in the latter’s possession. Satisfied with his examination of the witness, respondent judge issued the assailed search warrant which was enforced the following day.

Whether or not the search warrant was valid.

NO. The applicant and his witness had no personal knowledge of the facts and circumstances which became the basis for issuing the questioned search warrant, but acquired knowledge thereof only through information from other sources or persons. Respondent judge did not examine the witness “in the form of searching questions and answers.” The questions asked were leading as they called for a simple “yes” or “no” answer.

Petition is GRANTED. The questioned orders as well as the assailed search warrant are ANNULLED and SET ASIDE.

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