PARTICULARITY OF DESCRIPTION 1) BACHE & CO. VS. RUIZ (GR 32409, FEB.

27, 1971) FACTS: Commissioner of Internal Revenue Vera wrote a letter addressed to Judge Vivencio M. Ruiz requesting the issuance of a search warrant against Bache& Co. (Phil.), Inc. and Frederick E. Seggerman for violation of the National Internal Revenue Code (NIRC) and authorizing Revenue Examiner Rodolfo de Leon to make and file the application for search warrant which was attached to the letter. In the afternoon of the following day, De Leon and his witness, Arturo Logronio, went to the Court of First Instance (CFI) of Rizal. They brought with them the following papers: Veras letter-request; an application for search warrant already filled up but still unsigned by De Leon; an affidavit of Logronio subscribed before De Leon; a deposition in printed form of Logronio already accomplished and signed by him but not yet subscribed; and a search warrant already accomplished but still unsigned by Judge Ruiz. At that time Judge Ruiz was hearing a certain case; so, by means of a note, he instructed his Deputy Clerk of Court to take the depositions of De Leon and Logronio. After the session had adjourned, Judge Ruiz was informed that the depositions had already been taken. The stenographer read to him her stenographic notes; and thereafter, Judge Ruiz asked respondent Logronio to take the oath and warned him that if his deposition was found to be false and without legal basis, he could be charged for perjury The Judge signed de Leons application for search warrant and Logronios deposition. Search Warrant was then signed by the judge and accordingly issued. 3 days later (a Saturday), the BIR agents served the search warrant to the corporation and Seggerman at the offices of the corporation. ISSUE: WON the search warrant is valid. HELD: Search warrant is invalid. RATIO: There was no personal examination conducted by the Judge of the complainant (De Leon) and his witness (Logronio). The judge did not ask either of the two any question the answer to which could possibly be the basis for determining whether or not there was probable cause against Bache & Co. and Seggerman. The participation of the judge in the proceedings which led to the issuance of the search was thus limited to listening to the stenographers readings of her notes, to a few words of warning against the commission of perjury, and to administering the oath to the complainant and his witness. This cannot be considered a personal examination. Personal examination by the judge of the complainant and his witnesses is necessary to enable him to determine the existence or non-existence of a probable cause. Next, the search warrant was issued for more than one specific offense. The search warrant was issued for at least 4 distinct offenses under the Tax Code. As ruled in Stonehill Such is the seriousness of the irregularities committed in connection with the disputed search warrants, that this Court deemed it fit to amend Section 3 of Rule 122 of the former Rules of Court that a search warrant shall not issue but upon probable cause in connection with one specific offense. Not satisfied with this qualification, the Court added thereto a paragraph, directing that no search warrant shall issue for more than one specific offense. 2) Silva VS. Presiding Judge FACTS: Sgt. Villamor, chief of the PC Narcom Detachment in Dumaguete City filed an "application for search warrant" and "Deposition of witness" against petitioner Nicomedes Silva and Martin Silva. Judge Nickarter Ontal, then the presiding judge of RTC of Dumaguete issued Search Warrant No.1 pursuant to the said applications for violation of RA 6425 Dangerous Drugs ACT of 1972. Such warrant states that there is a probable cause to believe that Mr. Tama Silva has the possession and control of marijuana dried leaves, cigarette

and joint. The warrant authorizes Sgt. Villamor to make an immediate search at any time of the room of Mr. Tama Silva at the residence of his father Comedes Silva and to open aparadors, lockers,cabinets, cartons and containers to look for said illegal drugs. In the course of the search, the officers seized money belonging to Antonieta Silva in the amount of P1,231.40. Petitioner filed a motion to quashSearch Warrant No.1 on the ground that 1) it was issued on the sole basis of mimeographed 2) the judge failed to personally examine the complainant and witness by searching questions and answers.

HELD:

ISSUE: Whether or Not Search Warrant No.1 is invalid. WON the officers abused their authority in seizing the money of Antonieta Silva.

HELD: Search Warrant No. 1 is invalid due to the failure of the judgeto examine the witness in the form of searching questions andanswers. The questions asked were leading as they are answerable by mere yes or no. Such questions are not sufficiently searching to establish probable cause. The questions were already mimeographed and all the witness had to do was fill in their answers on the blanks provided. Judge Ontal is guilty of grave abuse of discretion when he rejected the motion of Antonieta Silva seeking the return of her money. The officers who implemented the search warrant clearly abused their authority when they seized the money of Antonieta Silva. The warrant did not indicate the seizure of money but only for marijuana leaves, cigarettes..etc. Search Warrant No. 1 is declared null and void. *** Sec 4 Rule 126 Rules of Court

Examination of the complainant, record -the judge before issuing the warrant, personally examine in the form of searching questions andanswers, in writing and under oath the complainant and any witness he may produce the facts personally known to them and attach to the record their sworn statements together with their affidavits. 3) PEOPLE VS VELOSO