This case has been cited 1 times or more.
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2006-08-03 |
CORONA, J. |
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| The searching questions propounded to the applicant and the witnesses depend largely on the discretion of the judge. Although there is no hard-and-fast rule governing how a judge should conduct his examination, it is axiomatic that the examination must be probing and exhaustive, not merely routinary, general, peripheral, perfunctory or pro-forma.[24] The judge must not simply rehash the contents of the affidavit but must make his own inquiry on the intent and justification of the application.[25] The questions should not merely be repetitious of the averments stated in the affidavits or depositions of the applicant and the witnesses.[26] If the judge fails to determine probable cause by personally examining the applicant and his witnesses in the form of searching questions before issuing a search warrant, grave abuse of discretion is committed.[27] | |||||