MATA VS BAYONA

SORIANO MATA vs. HON. JOSEPHINE BAYONA

G.R. No. 50720             March 26, 1984

Facts:

            Mata offered, took and arranged bets on the Jai Alai game by “selling illegal tickets known as Masiao Tickets” without any authority from the Philippine Jai Alai and amusement Corporation or from the government authorities concerned.

            Petitioner claims that during the hearing of the case, he discovered that nowhere from the records of the said case could be found the search warrant and other pertinent papers connected to the issuance of the same, so that he had to inquire from the City Fiscal its whereabouts and to which inquiry respondent judge replied “it is with the curt”. The judge then handed the records to the Fiscal who attached then to the records

Ruling:

            The Supreme Court held that under the constitution “no search warrant shall issue but upon probable cause to be determined by the judge personally or such other responsible officer as may be authorized b law after examination under oath or affirmation of the complainant and any witnesses he may produce”.

Mere affidavits of the complainant and his witnesses are thus not sufficient. The examining judge has to take depositions in writing of the complainant and witnesses that he may produce and to attach then to the records. Such written deposition is necessary in order that the judge may be able to properly determined the existence and nonexistence of the probable cause, to hole liable for perjury the person giving It if it will be found later that his declaration are false.

            Deposition – any written statement certified under oath. – written testimony of a witness given in the course of a judicial proceeding in advance of the trail or haring upon oral examination

            The search warrant is illegal, the return of the thing seized cannot be ordered. Illegality of search warrant does not call for the return of the thing seize, the possession of which is prohibited.