This case has been cited 1 times or more.
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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. | |||||