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PAPER INDUSTRIES CORPORATION OF PHILIPPINES v. JUDGE MAXIMIANO C. ASUNCION

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GR No. 153087
2003-08-07
BERNARD R. NALA v. JUDGE JESUS M. BARROSO
YNARES-SANTIAGO, J.
In determining the existence of probable cause for the issuance of a search warrant, the examining magistrate must make probing and exhaustive, not merely routine or pro forma examination of the applicant and the witnesses.[1] Probable cause must be shown by the best evidence that could be obtained under the circumstances. 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.[2]