Вы находитесь на странице: 1из 3

ADMINISTRATIVE CIRCULAR NO.

13
TO:

ALL EXECUTIVE JUDGES AND JUDGES OF THE


METROPOLITAN TRIAL COURTS, MUNICIPAL
TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL
COURTS

SUBJECT:

GUIDELINES AND PROCEDURE IN THE ISSUANCE


OF SEARCH WARRANTS.

Under Administrative Order No. 6 of this Court, dated 30 June 1975, the
Executive Judge derives his powers and prerogatives through delegation thereof by this
Court some of which are to improve judicial services, in coordination with courtrelated government agencies, and to further provide leadership in the management of all
courts within his area of administrative supervision.
As a measure to better serve the public good and to facilitate the administration of
justice, the Court is prescribing hereunder the guidelines in the issuance of search
warrants:
All applications for search warrants, if filed with the Executive
Judge, shall be assigned, by raffle, to a judge within his administrative
area, under whose direction the search warrant shall be issued for the
search and seizure of personal property;
After the application has been raffled and distributed to a Branch,
the judge who is assigned to conduct the examination of the complainant
and witnesses should immediately act on the same, considering that time
element and possible leakage of information are primary considerations in
the issuance of search warrants and seizure;
Raffling shall be strictly enforced, except only in cases where an
application for search warrant may be filed directly with any judge in
whose jurisdiction the place to be searched is located, after office hours, or
during Saturdays, Sundays, and legal holidays, in which case the applicant
is required to certify under oath the urgency of the issuance thereof after
office hours, or during Saturdays, Sundays and legal holidays;
If, in the implementation of the search warrant, properties are
seized thereunder and the corresponding case is filed in court, said case
shall be distributed by raffle conformably with Circular No. 7, dated 23
September 1974, of this Court, and thereupon tried and decided by the

judge to whom it has been assigned, and not necessarily by the judge who
is issued the search warrant.
New applications. In order to insure maximum legitimate effect and give
meaning and substance to the constitutional guarantee on the security of every person, his
house and his effects, against unreasonable searches and seizures, the following
procedure should be strictly observed:
A warrant may be issued for the search and seizure of personal
property (1) subject of the offense; (2) stolen or embezzled or are the
proceeds or fruits of an offense; and, (3) used or intended to be used as the
means of committing an offense;
A warrant shall not issue but upon probable cause in laid
connection with one specific offense to be determined by the judge or such
other responsible officer authorized by law after examination under oath
or affirmation of the complainant and the witnesses he may produce on
facts personally known to them, and particularly describing the place to be
searched and the things to be seized so that they could be properly
identified;
The judge must, before issuing the warrant, personally examine in
the form of searching questions and answers, in writing and under oath,
the complainant and any witnesses he may produce and attach to the
record their sworn statements together with any affidavits submitted;
If the judge is thereupon satisfied of the existence of facts upon
which the application is based, or that there is probable cause to believe
that they exist, he must issue the warrant, which must be substantially in
the form prescribed by the Rules;
Search warrants must be in duplicate, both signed by the judge.
The duplicate copy thereof must be given to the person against whom the
warrant is issued and served. Both copies of the warrant must indicate the
date until when the warrant shall be valid and must direct that it be served
in the daytime. If the judge is satisfied that the property is in the person or
in the place ordered to be searched, a direction may be inserted in the
warrants that it be served at any time of the day or night;
In every court, there shall be a log under the custody of the Clerk
of Court wherein shall be entered within 24 hours after the issuance of the
search warrant, the following:
Date and number of the warrant;

Name of the issuing judge;


Name of the person against whom the warrant is issued;
Offense cited in the warrant; and
Name of the officer who applied for the warrant and his witnesses.
Each branch or branches of a court shall have a separate and
distinct log book from the log book kept by the other branches of the same
court stationed in another city or municipality;
The search warrant shall be valid for ten (10) days from date of
issuance, and after which the issuing judge should ascertain if the return
has been made, and if there was none, should summon the person to whom
the warrant was issued and require him to explain why no return was
made. If the return has been made, the judge should ascertain from the
officer who seized the property under the warrant if a detailed receipt of
the property seized was left with the lawful occupants of the premises in
whose presence the search and seizure were made, or in the absence of
such occupants, whether he left a receipt in the place in which he found
the seized property in the presence of at least two witnesses of sufficient
age and discretion residing in the same locality, and should require that the
property seized by virtue of the warrant shall be delivered to the judge
who issued the warrant. The judge should see to it that an accurate and
true inventory of the property seized duly verified under oath is attached to
the return and filed with the court; and
The return on the search warrant shall be filed and kept by the
custodian of the log book who shall also enter in the log book, the date of
the return, the result, and such other actions the judge may have taken
thereon.
This circular shall take effect immediately from receipt of notice.
Melencio-Herrera and Relova, JJ., are on leave.

Very truly yours,

(Sgd.) GLORIA C. PARAS


Clerk of Court