SILVA VS PRESIDING JUDGE


NICOMEDES SILVA vs. THE HONORABLE PRESIDING JUDGE

G.R. No. 81756          October 21, 1991

Facts:
            M/Sgt. Ranulfo Villamor, as chief of the PC NARCOM Detachment in Dumaguete City, Negros Oriental filed an application for the search warrant with the RTC against petitioners. The application was accompanied by “deposition of witness” executed by Arthur Alcoran and Pat. Leon Quindo.
            Judge Hickarter Ontal, Presiding judge issued search warrant no. 1 directing the aforesaid police officers to search the room of Marlon Silva in the residence of Nicomedes Silva for violation of the dangerous drugs law.. under the search warrant its state that :seize and take possession of the following property marijuana, dried leaves, cigarettes, joint and bring said property to the undersigned to be dealt with as the law directs.
            In the course of the search, the serving officer also seized money belonging to Antoinette Silva in the amount of 1231.40. Antoinette filed a motion the return of the said amount. Acting on said motion Judge Ontal issued an order stating that the court “holds in abeyance the disposition of the said amount pending the filing of appropriate charges in connection with the search warrant.

Issue:
            Whether or not there is a violation of the constitutional right against unreasonable search and seizure

Ruling:
            The Supreme Court held that Section 3 and 4, Rule 126 of the Rules of Court provides for the requisite for the issuance oa a search warrant.

Section 3 – a search warrant shall not issue except for probable cause in connection with one specific offense to be determined personally by the Judge after eamination under oath

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