G.R. No. 144037 - PEOPLE OF THE PHILIPPINES, VS. NOEL TUDTUD Y PAYPA AND DINDO BOLONG Y NARET, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, these amended guidelines in the issuance of a search warrant are issued: All applications for search warrants relating to violation of the Anti-subversion Act, crimes against public order as defined in the Revised Penal Code, as amended, illegal possession of firearms and/or ammunition and violations of the Dangerous Drugs Act of 1972, as amended, shall no longer be raffled and shall immediately be taken cognizance of and acted upon by the Executive Judge of the Regional Trial Court, Metropolitan Trial Court, and Municipal Trial Court under whose jurisdiction the place to be searched is located. In the absence of the Executive Judge, the Vice-Executive Judge shall take cognizance of and personally act on the same. In the absence of the Executive Judge or Vice-Executive Judge, the application may be taken cognizance of and acted upon by any judge of the Court where application is filed. Applications filed after office hours, during Saturdays, Sundays and holidays, shall likewise be taken cognizance of and acted upon by any judge of the Court having jurisdiction of the place to be searched , but in such cases the applicant shall certify and state the facts under oath, to the satisfaction of the judge, that its issuance is urgent. Any judge acting on such application shall immediately and without delay personally conduct the examination of the applicant and his witnesses to prevent the possible leakage of information. He shall observe the procedures, safeguards, and guidelines for the issuance of search warrants provided for in this Court's Administrative Circular No. 13, dated October 1, 1985." [112] [Italics in the original.] Given that the police had adequate time to obtain the warrant, PO1 Floreta's testimony that the real reason for their omission was their belief that they lacked sufficient basis to obtain the same assumes greater significance. This was PO1 Floreta's familiar refrain: Q - When Solier reported to you that fact, that Tudtud will be coming from Cotabato to get that (sic) stocks, you did not go to court to get a search warrant on the basis of the report of Bobot Solier? A - No. Q - Why? A - Because we have no real basis to secure the search warrant . Q - When you have no real basis to secure a search warrant, you have also no real basis to search Tudtud and Bulong at that time ? A - Yes, sir . .... Q - And Bobot Solier told you that Tudtud, that he would already bring marijuana? A - Yes, sir. Q - And this was 9:00 a.m.? A - Yes, sir. Q - The arrival of Tudtud was expected at 6:00 p.m.? A - Yes, sir. Q - Toril is just 16 kilometers from Davao City? A - Yes, sir. Q - And the Office of the Regional Trial Court is only about 16 kilometers, is that correct? . A - Yes, sir Q - And it can be negotiated by thirty minutes by a jeep ride? A - Yes, sir. Q - And you can asked [sic] the assistance of any prosecutor to apply for the search warrant or the prosecutor do [sic] not assist? A - They help. Q - But you did not come to Dav