Monday, February 3, 2014

APPLICATION FOR SEARCH WARRANT, WHERE FILED:

     1. As a rule, search warrants should be filed with the court within whose territorial jurisdiction the crime was committed (Sec. 2 (a), Rule 126, Rules of Court). The exceptions to the general rule are: (a) for compelling reasons, it can be filed with the court within whose judicial region the offense was committed or where the warrant is to be served; (b) but if the criminal action has already been filed, the application for a search warrant can only be made in the court where the criminal action is pending; and (c) in case of search warrants involving heinous crimes, illegal gambling, illegal possession of firearms and ammunitions as well as violations of the Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti- Money Laundering Act of 2001, the Tariff and Customs Code, the Executive Judges and, whenever they are on official leave of absence or are not physically present in the station, the Vice-Executive Judges of the RTC of Manila and Quezon City shall have authority to act on applications filed by the NBI, PNP and the Anti-Crime Task Force (ACTAF), Presidential Anti-Organized Crime Task Force (PAOC-TF), and the Reaction Against Crime Task Force (REACT-TF). (a.m. no. 99-10-09-sc dated January 25, 2000; Sps. Marimla vs. People of the Philippines, G.R. No. 158467, Oct. 16, 2009).

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