This case has been cited 2 times or more.
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2007-12-19 |
CHICO-NAZARIO, J. |
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| In this case, petitioners argue that the requirements enumerated in Rule 126 of the Rules of Court pertaining to the issuance of a search warrant were not fulfilled when Search Warrants No. 03-4438 and 03-4439 were issued by the trial court. First, they contend that no probable cause existed meriting the issuance of the search warrants in that it was stated in the Application for Search Warrant of National Bureau of Investigation Special Investigator (NBI SI) Lacaran that "(h)e has information and verily believes that (petitioners) are in possession or has in their control properties which are being sold, retailed, distributed, imported, dealt with or otherwise disposed of, or intended to be used as a means of committing a violation of Section 168 in relation to Section 170 of Republic Act No. 8293 otherwise known as the Intellectual Property Code of the Philippines"[19] Said statement, petitioners insist, failed to meet the condition that probable cause must be shown to be within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay.[20] | |||||
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2003-08-07 |
YNARES-SANTIAGO, J. |
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| The "probable cause" for a valid search warrant has been defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed, and that objects sought in connection with the offense are in the place sought to be searched. This probable cause must be shown to be within the personal knowledge of the complainant or the witnesses he may produce and not based on mere hearsay.[21] In determining its existence, the examining magistrate must make a probing and exhaustive, not merely routine or pro forma examination of the applicant and the witnesses.[22] Probable cause must be shown by the best evidence that could be obtained under the circumstances. On the part of the applicant and witnesses, the introduction of such evidence is necessary especially where the issue is the existence of a negative ingredient of the offense charged, e.g., the absence of a license required by law.[23] On the other hand, the judge must not simply rehash the contents of the affidavits but must make his own extensive inquiry on the existence of such license, as well as on whether the applicant and the witnesses have personal knowledge thereof. | |||||