Criminal Cases and Procedure,  Criminal Law

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

Q: What are the punishable acts?
A:
1. Procuring a search warrant without just
cause.
Elements:
a. That the offender is a public officer
or employee
b. That he procures a search warrant
c. That there is no just cause

2. Exceeding his authority or by using
unnecessary severity in executing a
search warrant legally procured
Elements:
a. That the offender is a public officer
or employee
b. That he has legally procured a search
warrant
c. That he exceeds his authority or uses
unnecessary severity in executing
the same
Q: What is a search warrant?
A: It is an order in writing, issued in the name of the
People of the Philippines, signed by a judge and
directed to a peace officer, commanding him to
search for personal property described therein and
bring it before the court.
Note: A search warrant shall be valid for ten days from
its date.
Q: What is the requisite for the issuance of search
warrant?
A: A search warrant shall not issue except upon
probable cause in connection with one specific
offense to be determined personally by the judge
after examination under oath or affirmation of the
complainant and the witnesses he may produce,
and particularly describing the place to be searched
and the things to be seized which may be anywhere
in the Philippines. (Sec. 4, Rule 126, Revised Rules of
Criminal Procedure)
Q: What is the test for lack of just cause?
A: Whether the affidavit filed in support of the
application for search warrant has been drawn in
such a manner that perjury could be charged
thereon and affiant be held liable for damages
caused.
Q: What is the effect if the search warrant is
secured through a false affidavit?
A: The crime punished by this article cannot be
complexed but will be a separate crime from
perjury, since the penalty herein provided shall be
“in addition” to the penalty of perjury.
Q: When is a search warrant considered illegally
obtained?
A: When a search warrant was procured without a
probable cause.

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