October 12, 1985

SUPREME COURT ADMINISTRATIVE CIRCULAR NO. 13-85

SUBJECT : Guidelines and Procedure in the Issuance of Search

Warrants

TO : All Executive Judges and Judges of the Metropolitan Trial

Courts, Municipal Trial Courts and Municipal Circuit Trial
Courts

Under Administrative Order No. 6 of this Court, dated June 30, 1975,
the Executive Judge derives his powers and prerogatives through delegation
thereof by this Court — some of which are to improve judicial services, in
coordination with court related government agencies, and to further provide
leadership in the management of all courts within his area of administrative
supervision.

As a measure to better serve the public good and to facilitate the

administration of justice, the Court is prescribing hereunder the guidelines in
the issuance of search warrants:

1. All applications for search warrants, if filed with the Executive Judge,
shall be assigned, by raffle, to a judge within his administrative area, under
whose direction the search warrant shall be issued for the search and seizure
of personal property;
2. After the application has been raffled and distributed to a Branch,
the judge who is assigned to conduct the examination of the complainant
and witnesses should immediately act on the same, considering that time
element and possible leakage of information are primary considerations in
the issuance of search warrants and seizure;
3. Raffling shall be strictly enforced, except only in cases where an
application for search warrant may be filed directly with any judge in whose
jurisdiction the place to be searched is located, after office hours, or during
Saturdays, Sundays, and legal holidays, in which case the applicant is
required to certify under oath the urgency of the issuance thereof after
office hours, or during Saturdays, Sundays, and legal holidays;
4. If, in the implementation of the search warrant, properties are
seized thereunder and the corresponding case is filed in court said case shall
be distributed by raffle conformably with Circular No. 7, dated September 23,
1974, of this Court, and thereupon tried and decided by the judge to whom it
has been assigned, and not necessarily by the judge who is issued the
search warrant.
5. New applications. — In order to insure maximum legitimate effect
and give meaning and substance to the constitutional guarantee on the
security of every person, his house and his effects, against unreasonable
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 searches and seizures, the following procedure should be strictly observed:

a. A warrant may be issued for the search and seizure of personal

property — (1) subject of the offense; (2) stolen or embezzled
or are the proceeds or fruits of an offense; and, (3) used or
intended to be used as the means of committing an offense;
b. A warrant shall not issue but upon probable cause in connection
with one specific offense to be determined by the judge or
such other responsible officer authorized by law after
examination under oath or affirmation of the complainant
and the witnesses he may produce on facts personally known
to them, and particularly describing the place to be searched
and the things to be seized so that they could be properly
identified;
c. The judge must, before issuing the warrant, personally examine
in the form of searching questions and answers, in writing
and under oath, the complainant and any witnesses he may
produce and attach to the record their sworn statements
together with any affidavits submitted;
d. If the judge is thereupon satisfied of the existence of facts upon
which the application is based, or that there is probable
cause to believe that they exist, he must issue the warrant,
which must be substantially in the form prescribed by the
Rules;
e. Search warrants must be in duplicate, both signed by the judge.
The duplicate copy thereof must be given to the person
against whom the warrant is issued and served. Both copies
of the warrant must indicate the date until when the warrant
shall be valid and must direct that it be served in the
daytime. If the judge is satisfied that the property is in the
person or in the place ordered to be searched, a direction
may be inserted in the warrants that it be served at any time
of the day or night;

f. In every court, there shall be a log under the custody of the Clerk
of Court wherein shall be entered within 24 hours after the
issuance of the search warrant, the following:
1) Date and number of the warrant;
2) Name of the issuing judge;
3) Name of the person against whom the warrant is issued;

4) Offense cited in the warrant; and

5) Name of the officer who applied for the warrant and his
witnesses.
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 Each branch or branches of a court shall have a separate and
distinct log book from the log book kept by the other
branches of the same court stationed in another city or
municipality;

g. The search warrant shall be valid for ten (10) days from date of
issuance, and after which the issuing judge should ascertain
if the return has been made, and if there was none, should
summon the person to whom the warrant was issued and
require him to explain why no return was made. If the return
has been made, the judge should ascertain from the officer
who seized the property under the warrant if a detailed
receipt of the property seized was left with the lawful
occupants of the premises in whose presence the search and
seizure were made, or in the absence of such occupants,
whether he left a receipt in the place in which he found the
seized property in the presence of at least 2 witnesses of
sufficient age and discretion residing in the same locality,
and should require that the property seized by virtue of the
warrant shall be delivered to the judge who issued the
warrant. The judge should see to it that an accurate and true
inventory of the property seized duly verified under oath is
attached to the return and filed with the court; and
h. The return on the search warrant shall be filed and kept by the
custodian of the log book who shall also enter in the log
book, the date of the return, the result, and such other
actions the judge may have taken thereon.

This Circular shall take effect immediately from receipt of notice.

Melencio-Herrera and Relova, JJ., are on leave.
Very truly yours,

(SGD.) GLORIA C. PARAS

Clerk of Court

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