Case Summary (G.R. No. 84873)
Background of the Case
Lieutenant Rojas applied for a search warrant claiming that Kenneth Siao, associated with Kener Trading, possessed items allegedly stolen from the National Power Corporation (NAPOCOR)—specifically galvanized bolts, grounding motor drive assembly, and aluminum wires. The application was supported by witness depositions from Ignacio L. Reyes, an employee of NAPOCOR, and IA Eduardo Abaja from the Philippine Constabulary's Criminal Investigation Service.
Search Warrant Issuance
Based on the application and depositions, Judge Demosthenes D. Magallanes of the Municipal Trial Court of Bacolod City issued Search Warrant No. 181, allowing law enforcement to search Kener Trading and seize the described items. Constabulary officers conducted the search and seized various items. A complaint against Kenneth Siao was subsequently filed for violating the Anti-Fencing Law (P.D. 1612), which led to further legal actions against Erle Pendon, claiming he was liable for the same violation.
Legal Arguments and Applications
Pendon contested the legality of the search warrant prior to his arraignment, arguing that it was improperly issued. He filed an application for the return of the seized items, contending that proper legal procedures were not followed in issuing the warrant. The opposing prosecuting fiscal argued against this application, leading to a series of orders where Judge Jocson denied the application for the quashal of the warrant without specifically addressing its validity.
Court of Appeals Decision
Pendon subsequently sought relief from the Court of Appeals, challenging the issuance of the warrant and the validity of the subsequent decisions made by the trial court. On April 4, 1988, the appellate court dismissed Pendon's petition, asserting that probable cause existed for the warrant's issuance and that the trial court's decisions were justified.
Constitutional Requirements for Search Warrant
The core issue examined by the Supreme Court was whether Search Warrant No. 181 met the constitutional requirements as laid out in Article III, Section 2 of the 1987 Constitution, which mandates that search warrants must be issued based on probable cause that needs to be established through personal examination of the complainant and witnesses by the judge.
Supreme Court’s Analysis on Validity
The Supreme Court found that the requirements for establishing probable cause had not been met. It emphasized that the judge must personally examine the witnesses under oath and reduce their testimonies to the form of searching questions and answers. The Court noted that the application relied on pre-typed questions, and the applicant did not provide sufficient personal kn
Case Syllabus (G.R. No. 84873)
Case Background
- This case revolves around a petition for review on certiorari filed by Erle Pendon, who is the managing partner of Kener Trading Company.
- The petitioner is challenging the decision of the Court of Appeals, which upheld the orders of the Regional Trial Court of Negros Occidental regarding Criminal Case No. 5657.
- The legal issue primarily concerns the validity of Search Warrant No. 181, which led to the seizure of certain items from Kener Trading.
Application for Search Warrant
- On February 4, 1987, First Lieutenant Felipe L. Rojas filed an application for a search warrant, asserting that Kenneth Siao possessed NAPOCOR property at Kener Trading.
- The application was accompanied by a joint deposition from two witnesses, Ignacio L. Reyes and IAI Eduardo Abaja, both affirming their knowledge of the items being present at the specified location.
- Judge Demosthenes D. Magallanes of the Municipal Trial Court subscribed the application, leading to the issuance of Search Warrant No. 181.
Execution of Search Warrant
- Following the issuance, constabulary officers executed the search warrant and seized items including 272 kilos of galvanized bolts and a 3.5-foot angular bar.
- The items were reportedly linked to the National Power Corporation (NAPOCOR), leading to a complaint against Kenneth Siao for violating the Anti-Fencing Law (P.D. 1612).
Legal Proceedings and Counter-Affidavit
- Kenneth Siao file