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The right of the people to be secure in their persons, houses, papers and
effects against unreasonable searches and seizures of whatever nature
and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause 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 persons or
things to be seized. (Emphasis supplied)
11. The accused requested to secure a copy for all the documents
submitted by the police officers in support of the application
and copies of the transcript of the stenograpic notes taken,
however, the Clerk of Court of San Pablo City, Regional Trial
Court, Branch 29-32 failed to furnish him the searching questions
of the Judge and answer thereto given by the applicant PCI
Jose Ostonal Naparato Jr., as well as the sworn statements and
affidavits of the complainants and his witnesses. The fact that
they were not furnished to the accused only goes to show that
the said documents do not exist in the records.
13. With the foregoing, it is clear that the issuance of the Search
Warrant against the accused is tainted with serious irregularity
and violation of the Rules of Court.
14. The accused submits that the compelling reason stated in the
Application did not measure with what is required under the
Rules of Court. A careful perusal of the application for the
Search Warrant would show that the applicant alleged that
leakage can be possible considering that the accused has
connections and acquaintances in the court close to his
residence and by reason thereof, he was compelled to apply
before the issuing Judge of Regional Trial Court of Branch 29-32
of San Pablo City instead in the Regional Trial Court of Balayan
City.
16. The applicant also failed to show in their application for search
warrant that the accused is an influential person in the said court
or even failed to identify or name his relatives who work in the
said court who could leak the information that would be given
by the applicant.
PRAYER
By:
GREETINGS:
CC: