Home›Bar Review›2012›Remedial Law›Question VI
Question VI
(1) A PDEA asset/informant tipped the PDEA Director Shabunot that a shabu laboratory was operating in a house at Sta. Cruz, Laguna, rented by two (2) Chinese nationals, Ho Pia and Sio Pao. PDEA Director Shabunot wants to apply for a search warrant, but he is worried that if he applies for a search warrant in any Laguna court, their plan might leak out.
Where can he file an application for search warrant? (2%)
(2) What documents should he prepare in his application for search warrant? (2%)
(3) Describe the procedure that should be taken by the judge on the application. (2%)
(4) Suppose the judge issues the search warrant worded in this way:
PEOPLE OF THE PHILIPPINES
Plaintiff
-versus-
Criminal Case No. 007
for
Violation of R.A. 9165
Ho Pia and Sio Pao,
Accused.
x- - - - - - - - - - - - - - - - - - - - - -x
TO ANY PEACE OFFICER
Greetings:
It appearing to the satisfaction of the undersigned after examining under oath PDEA Director shabunot that there is probable cause to believe that violations of Section 18 and 16 of R.A. 9165 have been committed and that there are good and sufficient reasons to believe that Ho Pia and Sio Pao have in their possession or control, in a two (2) door apartment with an iron gate located at Jupiter St., Sta. Cruz, Laguna, undetermined amount of "shabu" and drug manufacturing implements and paraphernalia which should be seized and brought to the undersigned,
You are hereby commanded to make an immediate search, at any time in the day or night, of the premises above described and forthwith seize and take possession of the abovementioned personal property, and bring said property to the undersigned to be dealt with as the law directs.
Witness my hand this 1st day of March, 2012.
(signed)
Judge XYZ
Cite/enumerate the defects, if any, of the search warrant. (3%)
(5) Suppose the search warrant was served on March 15, 2012 and the search yielded the described contraband and a case was filed against the accused in RTC, Sta. Cruz, Laguna and you are the lawyer of Sio Pao and Ho Pia, what will you do? (3%)
(6) Suppose an unlicensed armalite was found in plain view by the searchers and the warrant was ordered quashed, should the court order the return of the same to the Chinese nationals? Explain your answer. (3%)
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