WARRANTS MALICIOUSLY  OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED   (Art. 129 of REVISED PENAL CODE OF THE )

Q: What constitutes punishable acts in connection with search warrants?

A: Two primary acts are considered punishable concerning search warrants:

1. Procuring a search warrant without just cause.
This involves:
a. A public officer or employee procuring a search warrant.
b. The procurement happens without a justifiable cause.

2. Exceeding authority or using unnecessary severity in executing a legally procured search warrant.
This involves:
a. A public officer or employee who has legally obtained a search warrant.
b. The individual exceeds their authority or uses undue severity in executing the warrant.

Q: Can you define a search warrant?

A: A search warrant is a written order issued in the name of the People of the Philippines, authorized by a judge, and directed to a peace officer. It instructs the officer to search for specified personal property and present it before the court.

Q: What are the requirements for issuing a search warrant?

A: A search warrant can only be issued based on probable cause linked to a specific offense. This is determined personally by the judge after examining the complainant and any witnesses under oath. The warrant should clearly describe the place to be searched and the items to be seized.

Q: How is lack of just cause determined?

A: This is assessed by evaluating whether the affidavit supporting the application for a search warrant could be used to charge the affiant with perjury, and hold them liable for any resulting damages.

Q: What happens if a search warrant is obtained through a false affidavit?

A: If a search warrant is obtained through a false affidavit, it is considered a separate crime from perjury. The penalty for this crime is in addition to the penalty for perjury.

Q: When is a search warrant considered illegally obtained?

A: A search warrant is considered illegally obtained when it’s procured without probable cause.

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