A PDEA asset/informant tipped the PDEA Director Shabunot that a shabu laboratory was operating in a house at Sta. Cruz, Laguna, rented by two (2) Chinese nationals, Ho Pia and Sio Pao. PDEA Director Shabunot wants to apply for a search warrant, but he is worried that if he applies for a search warrant in any Laguna court, their plan might leak out.
Where can he file an application for search warrant? (2%)
What documents should he prepare in his application for search warrant? (2%)
Describe the procedure that should be taken by the judge on the application. (2%)
Suppose the judge issues the search warrant worded in this way:
PEOPLE OF THE PHILIPPINES
Plaintiff
-versus-
Criminal Case No. 007
for
Violation of R.A. 9165
Ho Pia and Sio Pao,
Accused.
x- – – – – – – – – – – – – – – – – – – – – -x
TO ANY PEACE OFFICER
Greetings:
It appearing to the satisfaction of the undersigned after examining under oath PDEA Director shabunot that there is probable cause to believe that violations of Section 18 and 16 of R.A. 9165 have been committed and that there are good and sufficient reasons to believe that Ho Pia and Sio Pao have in their possession or control, in a two (2) door apartment with an iron gate located at Jupiter St., Sta. Cruz, Laguna, undetermined amount of “shabu” and drug manufacturing implements and paraphernalia which should be seized and brought to the undersigned,
You are hereby commanded to make an immediate search, at any time in the day or night, of the premises above described and forthwith seize and take possession of the abovementioned personal property, and bring said property to the undersigned to be dealt with as the law directs.
Witness my hand this 1st day of March, 2012.
(signed)
Judge XYZ
Cite/enumerate the defects, if any, of the search warrant. (3%)
Suppose the search warrant was served on March 15, 2012 and the search yielded the described contraband and a case was filed against the accused in RTC, Sta. Cruz, Laguna and you are the lawyer of Sio Pao and Ho Pia, what will you do? (3%)
Suppose an unlicensed armalite was found in plain view by the searchers and the warrant was ordered quashed, should the court order the return of the same to the Chinese nationals?
Explain your answer. (3%)
Suggested answer only. Not an official answer and not legal advice.
PDEA may file in RTC Manila/QC; I will file a Motion to Quash and Suppress Evidence; and the unlicensed armalite will not be returned. Under Rule 126, Executive Judges of RTC Manila/QC can issue search warrants in drug cases enforceable nationwide upon
Unlock the full Remedial Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Where may PDEA agents apply for a search warrant to prevent information leaks when investigating an illegal drug laboratory in Laguna?
Executive Judges of RTC Manila and Quezon City have special authority to issue search warrants for illegal drugs enforceable nationwide.
What is the period of validity of a search warrant from its date of issuance under Rule 126?
Under Rule 126 of the Rules of Criminal Procedure, a search warrant shall be valid for ten days from its date.
What major defect invalidates a search warrant issued for 'violations of Section 18 and 16 of R.A. 9165'?
A search warrant must be issued in connection with only one specific offense to satisfy constitutional particularity requirements.
What is the proper remedy for an accused whose property was seized under a search warrant served after its ten-day validity period?
Choices available with full access.
Should an unlicensed firearm seized during an illegal search be returned to the accused upon quashal of the warrant?
Choices available with full access.
Learn more about these topics
1. Search Warrant Venue
Under Rule 126 of the Rules of Criminal Procedure, an application for a search warrant shall generally be filed with any court within whose territorial jurisdiction the crime was committed. However, Executive Judges of the Regional Trial Courts of Manila and Quezon City have special authority to issue search warrants enforceable nationwide for heinous crimes, illegal drugs, and illegal firearms. To prevent leakage of information, law enforcement agents may apply directly with the Executive Judges or Vice Executive Judges of RTC Manila or Quezon City.
2. Search Warrant Validity
A search warrant must strictly comply with constitutional and statutory requirements. Under Rule 126, a search warrant must be issued upon probable cause in connection with one specific offense, particularly describing the place to be searched and the things to be seized. Furthermore, a search warrant remains valid for only ten days from its date of issuance. Serving a search warrant beyond its ten-day validity period renders the search illegal, and all evidence seized pursuant to an expired warrant becomes inadmissible under the exclusionary rule.
3. Contraband Return Rules
When a search warrant is quashed, property unlawfully seized under the void warrant is generally ordered returned to its lawful owner. However, this rule does not apply to items classified as contraband per se, such as illegal drugs or unlicensed firearms. Unlicensed firearms seized during a search, even if found in plain view or under an invalid warrant, cannot be returned to the possessors because possession of such items is inherent criminality. Instead, the unlicensed firearm must be confiscated and forfeited in favor of the government.