This case has been cited 1 times or more.
|
2016-02-03 |
DEL CASTILLO, J. |
||||
| Thus, applying Ty in its entirety to the present case, the Court finds that there exists probable cause for the issuance of search warrants as applied for by petitioners. Probable cause for purposes of issuing a search warrant refers to "such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been committed and that the item(s), article(s) or object(s) sought in connection with said offense or subject to seizure and destruction by law is in the place to be searched."[36] On the other hand, probable cause for purposes of filing a criminal information refers to "such facts as are sufficient to engender a well-founded belief that a crime has been committed and that respondents are probably guilty thereof. It is such set of facts and circumstances which would lead a reasonably discreet and prudent man to believe mat the offense charged in the Information, or any offense included therein, has been committed by the person sought to be arrested."[37] Thus, while Ty refers to preliminary investigation proceedings, and the instant case is concerned with applications for the issuance of search warrants, both are resolved based on the same degree of proof; the pronouncement in Ty may therefore apply to the present controversy. | |||||