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

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.

RULING:
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 requirement that he must examine the applicant and his witnesses in the form of searching questions and answers in order to determine the existence of probable cause.

Petition is GRANTED. Search warrant is declared NULL and VOID.

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Category: Legal Chyme

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