Paper Industries Corp. v. Asuncion (1999) J.

Panganiban Facts: Petition for certiorari and prohibition (nullification of search warrant and orders and issuance of a TRO or an injunction against State Prosecutor). An application for a search warrant was made before RTC of QC by Chief Inspector. Attached to the application were the joint deposition of two witnesses and the summary of the information and supplementary statements. After propounding several questions to one of the witnesses, Judge issued search warrant. The police implemented the search warrant and seized several firearms and ammunitions. Petitioners then filed for a Motion to Quash before RTC, believing that the warrant was invalid and the search conducted unreasonable. Subsequently they also filed a Supplemental Pleading to the Motion to Quash and a Motion to Suppress Evidence. RTC denied petitioners motions. It also denied petitioners Motion for Reconsideration. Hence this petition. Issue: Whether the search warrant is valid. Held: No, it is not. To preserve and to uphold the constitutional right against unreasonable searches and seizures, the requisites for the issuance of a search warrant must be followed strictly. Where the judge fails to personally examine the applicant for a search warrant and the latters witnesses, or where the witnesses testify on matters not of their own personal knowledge, the search warrant must be struck down. Requisites of a valid search warrant are: (1) probable cause is present; (2) such presence is determined personally by the judge; (3) the complainant and the witnesses he or she may produce are personally examined by the judge, in writing and under oath or affirmation; (4) the applicant and the witnesses testify on facts personally known to them; and (5) the warrant specifically describes the place to be searched and the things to be seized. (Sec. 3 and 4, Rule 126) In this case, the search warrant was invalid because (1) the trial court failed to examine personally the complainant and the other deponents; (2) one of the witnesses, who appeared during the hearing for the issuance of the search warrant, had no personal knowledge that petitioners were not licensed to possess the subject firearms; and (3) the place to be searched was not described with particularity. Because the search warrant was procured in violation of the Constitution and the Rules of Court, all the firearms, explosives and other materials seized are inadmissible. They are the fruits of the poisonous tree. Petition GRANTED. Search warrant NULL and VOID. - P.R. Manalo