G.R. No. 81756 - Silva vs. Presiding Judge, Regional Trial Court of Negros Oriental, Branch XXXII, Dumaguete City

Silva vs. Presiding Judge, Regional Trial Court of Negros Oriental, Branch XXXI, Dumaguete City

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Title Supreme Court: Silva vs. Presiding Judge, Regional Trial Court of Negros Oriental, Branch XXXII, Dumaguete City

Case: G.R. No. 81756

Decision Date: Oct 21, 1991

Search warrant invalid due to judge's failure to personally examine witnesses; seizure of money unauthorized; warrant declared null, funds ordered returned.

return of seized money

Case Summary (G.R. No. 81756)

Factual Background

On June 13, 1986, M/Sgt. Ranulfo Villamor, Jr. filed an Application for Search Warrant with the Regional Trial Court, Branch XXXIII, Dumaguete City, accompanied by a joint Deposition of Witness executed by Pfc. Arthur M. Alcoran and Pat. Leon T. Quindo. On the same day Judge Nickarter A. Ontal issued Search Warrant No. 1 directing police to search the room of Marlon Silva at the residence of Nicomedes Silva for violations of Republic Act No. 6425, specifically to seize "marijuana dried leaves, cigarettes, joint." During the search the officers seized, in addition to the alleged contraband, money belonging to Antonieta Silva totaling P1,231.40. On June 16, 1986, Antonieta Silva moved for the return of the money, contending the warrant authorized only seizure of specified contraband and that the officers failed to make a return as required by Section 11, Rule 126. Judge Ontal then issued an order dated July 1, 1986, holding disposition of the amount in abeyance pending filing of appropriate charges.

Procedural History

Petitioners filed a motion to quash Search Warrant No. 1 on July 28, 1987, alleging that the warrant was issued on the basis of a mimeographed application and deposition filled in by rote and that the judge failed to personally examine the complainant and witnesses by searching questions and answers as required by Section 3, Rule 126. On August 11, 1987, Judge Eugenio M. Cruz, who had succeeded Judge Ontal, denied the motion for lack of merit. A motion for reconsideration filed September 1, 1987 was denied on October 19, 1987. Petitioners then brought this special civil action for certiorari to the Supreme Court.

Issues Presented

Whether Search Warrant No. 1 was validly issued given the alleged failure of the judge to personally examine the complainant and witnesses in the form of searching questions and answers as required by Art. III, Sec. 2, 1987 Constitution and Rule 126, Sections 3 and 4; whether the seizure of P1,231.40 from Antonieta Silva was lawful under the terms of the warrant; and whether the respondent judge acted without or in excess of jurisdiction or committed grave abuse of discretion when he denied the motion to quash.

Parties' Contentions

Petitioners asserted that the application and deposition were mimeographed forms with blanks merely filled in, that the deposition contained leading and routine questions answerable by "yes" or "no," and that the issuing judge did not personally examine the applicant and witnesses by searching questions and answers; petitioners further asserted that the seizure of Antonieta Silva's money exceeded the scope of the warrant and that the return was unlawfully withheld. The respondent court maintained that the requisites for issuance of the search warrant were satisfied and denied the motion to quash for lack of merit.

Ruling

The Court granted the petition. It declared Search Warrant No. 1 null and void. The Court directed the respondent judge to order the return to Antonieta Silva of P1,231.40 seized by virtue of the invalid warrant. The decision was made immediately executory and assessed no costs.

Reasoning and Legal Basis

The Court applied Art. III, Sec. 2, 1987 Constitution, which guarantees security against unreasonable searches and seizures and provides that no search warrant shall issue except upon probable cause to be determined personally by the judge after examination under oath of the complainant and the witnesses he may produce, with particular description of the place and things to be seized. The Court reiterated the statutory requisites in Rule 126, Sections 3 and 4, which require the judge, before issuing a warrant, to determine probable cause by personally examining the complainant and witnesses in the form of searching questions and answers in writing and under oath, and to attach their sworn statements to the record. The Court relied on its definition of probable cause in Prudente vs. Dayrit, G.R. No. 82870, December 14, 1989, as facts and circumstances that would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought are in the place to be searched, and that such probable cause must rest on the personal knowledge of the complainant or witnesses and not on mere hearsay.

The Court examined the joint deposition of Pfc. Alcoran and Pat. Quindo and found it consisted largely of leading, nonprobing questions answerable by "yes" or "no" and that it was essentially mimeographed with blanks filled in. The Court compared the deposition to prior decisions, including Nolasco vs. Pano, G.R. No. 69803, October 8, 1985, and Prudente, which condemned perfunctory and leading examinations as insufficient to establish probable cause. The Court concluded that Judge Ontal failed to comply with the constitutional and statutory requirement of personal examination in the form of searching questions and answers, and that such failure constituted grave abuse of discretion as held in Marcelo vs. De Guzman, G.R. No. L-29077, June 29, 1982.

On the seizure of money, the Court found the officers acted beyond the authority of the warrant. The warrant described property to be seized as marijuana dried leaves, cigarettes, and joints and authorized seizure of personal prope

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Case Syllabus (G.R. No. 81756)

Parties and Procedural Posture

The petitioners were NICOMEDES SILVA @ "COMEDES", MARLON SILVA @ "TAMA" and ANTONIETA SILVA, and the respondent was THE HONORABLE PRESIDING JUDGE, REGIONAL TRIAL COURT OF NEGROS ORIENTAL, BRANCH XXXIII, DUMAGUETE CITY.
The petitioners filed a special civil action for certiorari seeking nullification of Search Warrant No. 1 and return of money seized under that warrant.
The relief sought was the annulment of the warrant issued by Judge Nickarter A. Ontal and the return of PHP 1,231.40 seized from petitioner Antonieta Silva.

Key Facts

On June 13, 1986, M/Sgt. Ranulfo Villamor, Jr., as chief of the PC Narcom Detachment in Dumaguete City, filed an Application for Search Warrant against petitioners Nicomedes Silva and Marlon Silva.
The application was accompanied by a joint Deposition of Witness executed by Pfc. Arthur M. Alcoran and Pat. Leon T. Quindo and dated June 13, 1986.
On June 13, 1986, Judge Nickarter A. Ontal issued Search Warrant No. 1 directing search of Marlon Silva's room for violation of Republic Act No. 6425 and authorizing seizure of marijuana dried leaves, cigarettes and joints.
The serving officers executed the warrant and seized, in addition to alleged marijuana items, PHP 1,231.40 belonging to petitioner Antonieta Silva.
On June 16, 1986, petitioner Antonieta Silva moved for return of the seized money on the ground that the warrant did not authorize seizure of money and that no return of the warrant was made as required.
On July 1, 1986, Judge Ontal held in abeyance disposition of the money pending the filing of appropriate charges.
On July 28, 1987, the petitioners moved to quash Search Warrant No. 1 alleging that the application and depositions were mimeographed and that the judge failed to personally examine complainant and witnesses by searching questions and answers.
On August 11, 1987, Judge Eugenio M. Cruz denied the motion to quash for lack of merit, and on October 19, 1987 he denied the motion for reconsideration.

Statutory Framework

The constitutional guarantee invoked was Section 2, Article III (Bill of Rights) of the 1987 Constitution which protects against unreasonable searches and seizures and requires that probable cause be determined personally by the judge after examination under oath of the complainant and witnesses.
The procedural requisites were Sections 3 and 4, Rule 126 of the Rules of Court, which require probable cause in connection with a specific offense and personal examination by the judge in the form of searching questions and answers with sworn statements attached.
The alleged underlying substantive offense was violation of Republic Act No. 6425, the Dangerous Drugs Act of 1972, as alleged in the search warrant application.

Issues Presented

Whether the trial judge complied with the constitutional and statutory requirement to determine probable cause by personally examining the complainant and witnesses in the form of searching questions and answers.
Whether Search Warrant No. 1 was validly issued and whether the subsequent search and seizure were lawful.
Whether the seizure of PHP 1,231.40 from petitioner Antonieta Silva was authorized by the warrant and was lawfully executed.
Whether the acts of the issuing judge and the executing officers amounted to grave abuse of discretion warranting annulment of the warrant and return of seized property.

Contentions of the Parties

The petitioners contended that issuance of the warrant was tainted beca

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