Political Law - page 18

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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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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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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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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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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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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FACTS: The National Bureau of Investigation conducted surveillance and investigation of the outlets complained by petitioners to be violating Presidential Decree No. 49 (Protection of Intellectual Property). Subsequently, three search warrants were issued and executed against the video outlets owned by private respondents. However, the lower court issued an order lifting the said search warrants. ISSUE(S): Whether or not the search warrants were valid. HELD: NO. That lacking in the requisite presentation to the Court of an alleged master ape for purposes of comparison with the purchased evidence of the video tapes allegedly pirated and those seized from respondents, there…

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FACTS: A search warrant was issued on the house of the accused spouses after the judge was satisfied that there existed probable cause to believe that the spouses were keeping, selling and using an undetermined quantity of shabu and marijuana. Accused were arrested, charged and convicted. ISSUE(S): Whether or not the arrest warrant issued is a general warrant. HELD: NO. The Dangerous Drugs Act is a special law that deals specifically with dangerous drugs which are subsumed into “prohibited” and “regulated” drugs and defines and penalizes categories of offenses which are closely related or which belong to the same class…

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FACTS: Upon application before the respondent court, a search warrant was issued against the petitioners. The said warrant merely mentioned illegal traffic of narcotics and contraband inside the warehouse and premises of petitioners. No specific offense had been alleged. The particular description of the things to be seized was not averred, neither the premises to be searched. ISSUE(S): Whether or not the search warrant issued was valid. HELD: NO. The basic procedural requisite that a search warrant “shall not issue but upon probable cause in connection with one specific offense,” was not complied where in an application for a search…

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FACTS: Respondent judge, upon the sworn application of an NBI agent supported by the deposition of his witness, issued a search warrant in connection with an undocketed case for estafa, falsification, insurance fraud, and tax evasion, against petitioner, a corporation duly organized and existing under the laws of the Philippines. Armed with the said warrant, NBI agents conducted the searched and seized two (2) carloads of documents, papers and receipts. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. The search warrant was issued for four separate and distinct offenses, in contravention of the explicit command of Section…

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