THE Supreme Court’s Office of the Court Administrator (OCA) reminded court judges on Wednesday to strictly adhere to requisites prior to the issuance of search warrants, and be discerning enough on the intention of some politicians in seeking such relief.
In OCA Circular No. 64-2019, Court Administrator Jose Midas Marquez disclosed that reports reaching his office indicate courts are being used by unscrupulous politicians to obtain search warrants to cause political harm against their rivals in the heat of the election campaign period.
Marquez advised court judges to remain impartial and nonpartisan and be circumspect on the grant of applications for search warrants.
“Courts must ensure their jurisdiction before entertaining applications for search warrants and conduct the proper proceedings before the same are issued,” the circular signed by Marquez read.
“Nothing can justify the issuance of a search warrant unless all legal requisites are fulfilled. At the very least, the disregard by a judge of the requirements for the issuance of a search of warrant constitutes grave abuse of discretion,” he added.
Marquez added the Court has ruled in Rodriguez v. Villamiel that while the power to search and seize are necessary to the public welfare, it should be done without violating the constitutional rights of an individual.
“Thus, in issuing a search warrant, the judge must strictly comply with the requirements of the Constitution and the statutory provisions.