ADMINISTRATIVE
CIRCULAR NO. 13
[1985]
TO:
ALL
EXECUTIVE JUDGES AND JUDGES OF THE METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS
SUBJECT:
GUIDELINES AND PROCEDURE IN THE ISSUANCE OF SEARCH WARRANTS.
Under
Administrative
Order No. 6 of this Court dated June 30, 1975, the Executive Judge
derives
his powers and prerogatives through delegation thereof by this Court,
some
of which are to improve judicial services, in coordination with
Court-related
government agencies and to further provide leadership in the management
of all Courts within his area of administrative supervision.
As a
measure to better
serve the public good and to facilitate the administration of justice,
the Court is prescribing hereunder the guidelines in the issuance of
search
warrants:
[1] All
applications
for search warrants, if filed with the Executive Judge, shall be
assigned
by raffle to a judge within his administrative area, under whose
direction
the search warrants shall be issued for the search and seizure of
personal
property;
[2] After
the application
has been raffled and distributed to a Branch, the Judge who is assigned
to conduct the examination of the complainant and witnesses should
immediately
act on the same, considering that time element and possible leakage of
information are primary considerations in the issuance of search
warrants
and seizure;
[3]
Raffling shall
be strictly enforced, except only in cases where an application for
search
warrant may be filed directly with any Judge in whose jurisdiction the
place to be searched is located, after office hours, or during
Saturdays,
Sundays, and legal holidays, in which case, the applicant is required
to
certify under oath, the urgency of the issuance thereof after office
hours
or during Saturdays, Sundays and legal holidays;
[4] If in
the implementation
of the search warrant, properties are seized thereunder and the
corresponding
case is filed in Court, said case shall be distributed by raffle
conformably
with Circular No. 7 dated September 23, 1974 of this Court, and
thereupon
tried and decided by the Judge to whom it has been assigned, and not
necessarily
by the Judge who issued the search warrant.
[5] New
applications.
- In order to insure maximum legitimate effect and give meaning and
substance
to the constitutional guarantee on the security of every person, his
house
and his effects, against unreasonable searches and seizures, the
following
procedure should be strictly observed:
(a)
A warrant
may be issued for the search and seizure of personal property:
[1]
subject of the offense; [2] stolen or embezzled or are the proceeds or
fruits of an offense; and [3] used or intended to be used as the means
of committing an offense;
(b) A warrant
shall
not issue but upon probable cause laid in connection with one specific
offense to be determined by the Judge or such other responsible officer
authorized by law, after examination under oath or affirmation, of the
complainant and the witnesses he may produce, on facts personally known
to them, and particularly describing the place to be searched and the
things
to be seized so that they could be properly identified;
(c) The Judge
must,
before issuing the warrant, personally examine in the form of searching
questions and answers, in writing and under oath, the complainant and
any
witnesses he may produce, and attach to the record their sworn
statements
together with any affidavits submitted;
(d) If the
Judge is
thereupon satisfied of the existence of facts upon which the
application
is based, or that there is probable cause to believe that they exist,
he
must issue the warrant, which must be substantially in the form
prescribed
by the Rules;
(e) Search
warrants
must be in duplicate, both signed by the Judge. The duplicate copy
thereof
must be given to the person against whom the warrant is issued and
served.
Both copies of the warrant must indicate the date until when the
warrant
shall be valid and must direct that it be served in the daytime. If the
Judge is satisfied that the property is in the person or in the place
ordered
to be searched, a direction may be inserted in the warrants that it be
served at any time of the day or night;
(f) In
every Court,
there shall be a log under the custody of the Clerk of Court wherein
shall
be entered, within 24 hours after the issuance of the search warrant,
the
following:
(1) Date and
number
of the warrant;
(2) Name of
the issuing
Judge;
(3) Name of
the person
against whom the warrant is issued;
(4) Offense
cited
in the warrant; and
(5) Name of
the officer
who applied for the warrant and his witnesses.
Each branch or
branches
of a Court shall have a separate and distinct log book from the log
book
kept by the other branches of the same Court stationed in another city
or municipality;
(g) The search
warrant
shall be valid for ten [10] days from date of issuance, and afterwhich,
the issuing Judge should ascertain if the return has been made, and if
there was none, should summon the person to whom the warrant was issued
and require him to explain why no return was made. If the return has
been
made, the Judge should ascertain from the officer who seized the
property
under the warrant if a detailed receipt of the property seized was left
with the lawful occupants of the premises in whose presence the search
and seizure were made, or in the absence of such occupants, whether he
left a receipt in the place in which he found the seized property in
the
presence of at least two witnesses of sufficient age and discretion
residing
in the same locality, and should require that the property seized by
virtue
of the warrant shall be delivered to the Judge who issued the warrant.
The Judge should see to it that an accurate and true inventory of the
property
seized duly verified under oath is attached to the return and filed
with
the Court; and
(h) The return
on the
search warrant shall be filed and kept by the custodian of the log book
who shall also enter in the log book, the date of the return, the
result,
and such other actions the Judge may have taken thereon.
This Circular
shall
take effect immediately from receipt of notice.
[Sgd.]
GLORIA
C. PARAS
Clerk
of Court
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