Thursday, February 13, 2014

THE VALIDITY OF THE ISSUANCE OF A SEARCH WARRANT RESTS UPON THE FOLLOWING FACTORS:

     (1) it must be issued upon probable cause; (2) the probable cause must be determined by the judge himself and not by the applicant or any other person; (3) in the determination of probable cause, the judge must examine, under oath or affirmation, the complainant and such witnesses as the latter may produce; and (4) the warrant issued must particularly describe the place to be searched and persons and things to be seized. (HPS Software and Communication Corporation vs. Philippine Long Distance Telephone Company (PLDT), G.R. No. 170217, December 10, 2012, Leonardo-De Castro, J.)

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