This case has been cited 4 times or more.
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2014-03-05 |
BRION, J. |
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| The purposes of the constitutional provision against unlawful searches and seizures are to: (i) prevent the officers of the law from violating private security in person and property and illegally invading the sanctity of the home; and (ii) give remedy against such usurpations when attempted or committed.[43] | |||||
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2004-07-20 |
PER CURIAM |
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| Respondent Judge aggravated his liability when he proceeded to issue the warrant of arrest. Section 6 of Rule 112 provides: When warrant of arrest may issue. x x x (b) By the Municipal Trial Court. If the municipal trial court judge conducting the preliminary investigation is satisfied after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice, he shall issue a warrant of arrest.[20] (Emphasis supplied) This is the same procedure prescribed in Section 2,[21] Article III of the Constitution and in Section 5, Rule 126[22] of the Revised Rules of Criminal Procedure. A judge who issues a warrant of arrest without first complying with such mandatory procedure[23] is liable for gross ignorance of the law.[24] In Cabilao v. Judge Sardido,[25] we ruled: We have held, in a number of cases before this Court, that the procedure described in Section 6 of Rule 112 is mandatory because failure to follow the same would amount to a denial of due process. With respect to the issuance by inferior courts of warrants of arrest, it is necessary that the judge be satisfied that probable cause exists: 1) through an examination under oath and in writing of the complainant and his witnesses, which examination should be 2) in the form of searching questions and answers. This rule is not merely a procedural but a substantive rule because it gives flesh to two of the most sacrosanct guarantees found in the fundamental law: the guarantee against unreasonable searches and seizures and the due process requirement. (Emphasis supplied) The only instance where the judge may dispense with such procedure is when the application for the warrant of arrest is filed before a Regional Trial Court judge. In such a case, the RTC judge can rely on the report of the prosecutor on the finding of probable cause.[26] Criminal Case No. 5485 does not fall under such exception. | |||||
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2003-08-28 |
CARPIO, J. |
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| The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures of whatever nature and for whatever purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. The Court, in Pendon v. Court of Appeals,[7] reiterated the requirements of Section 2 on the issuance of search warrants, which judges must strictly observe,[8] as follows:Under the above provision, the issuance of a search warrant is justified only upon a finding of probable cause. x x x In determining the existence of probable cause, it is required that: (1) the judge x x x must examine the x x x witnesses personally; (2) the examination must be under oath; and (3) the examination must be reduced to writing in the form of searching questions and answers. (Emphasis supplied)[9] Respondent judge explained that in issuing Search Warrant No. 364, he complied with the rule that he must "personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses." Respondent judge stated, however, that the certified copies of the records obtained by complainant did not include the transcript of his examination because the clerical staff in his office who prepared the certified copies inadvertently failed to do so. This explanation fails to persuade us. | |||||
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2003-08-07 |
YNARES-SANTIAGO, J. |
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| The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. The purpose of the constitutional provision against unlawful searches and seizures is to prevent violations of private security in person and property, and unlawful invasion of the sanctity of the home, by officers of the law acting under legislative or judicial sanction, and to give remedy against such usurpations when attempted.[18] | |||||