Fiscal, if in case public officers are unable to acquire SW from a specific court/judge for lack of probable cause, can they get it from another court/judge (even if already denied) as long as its within the jurisdiction?
Yes. There is nothing in the rule that prevents them from doing so. But they should also provide more evidence to prove the existence of probable cause. However, they cannot file two or more applications for SW at the same time.
fiscal, a SW was issued in A's name who was residing in the house of his father B. during its implementation, packs of shabu were seized in the living room. can A be successfully prosecuted even if there were many occupants in the house and the ownership of shabu is unknown?
Ang rule po kasi is the sw must specifically describe the things to be searched and the place sought to be searched, especially if maraming tao ang nakatira sa bahay. For example, dapat naka indicate sa sw ang specific portion sa haus kung saan nakalagay ang contraband, e.g. sa aparador in room no. 1. That way, kung sino ang gumagamit ng aparador sa room 1 sya po ang may constructive possession.
Fiscal, is it really necessary to do force entry when conducting a search warrant? And in the Search warrant itself, is it also acceptable if the address written is only written in general instead of the specific address itself?
As to your first question, hindi po necessary to use force in executing/implementing a SW. It is only when the occupant refuses entry after the police has announced its intention to execute a SW can the police use an amount of force necessary to break open the door or window so they can access the house, building, or enclosure. As to your second question, hindi po pwede general address lang. The place to be searched must be specifically described in the SW. Kung hindi po specifically described yung address, the SW is void.
@@FiscalEJ Thank you for the answer Fiscal. I was the one who got arrested. They used forced entry when they got inside our house. Wala pong katok katok. Pakapasok po sa bahay they pointed guns in my 9 and 7 years old kids even to my wife. And before the search process 3 of the PDEA Agents already went inside our room where the ‘said’ evidence was found. I just wanted to verify about the address Fiscal. The address in the warrant is Purok 2 which is very general cause when we say purok 2 there’s alot of houses located in Purok 2 not only our house. My house has a specific address but it’s not in the SW that was issued to us. Is it still valid or can the SW be void cause of the address used? This would really be very helpful for my case po. And ngayon palang po nagpapasalamat po ako ng marami.
@@dreadmanshobbyvlog1949 Pasensya na po. I cannot answer any further dahil pending case pala yan. I can only answer hypothetical questions po. Meron po kasing rule na hindi pwedeng i-discuss sa media (or social media such as TH-cam) ang merits ng isang pending case. I'm pretty sure po your lawyer knows what to do in regard to your case. Basta ang rule po is that the SW must specifically describe the things to be searched and the place to be searched, otherwise the warrant is void. Dapat pa nga merong sketch ng lugar at sketch ng floor plan kung saan nakalagay ang mga contrabando na isusumite together with the application for SW. Good luck po sa case nyo. Sana po manaig ang hustisya.
Salamat sa paliwanag atty.
Fiscal, if in case public officers are unable to acquire SW from a specific court/judge for lack of probable cause, can they get it from another court/judge (even if already denied) as long as its within the jurisdiction?
Yes. There is nothing in the rule that prevents them from doing so. But they should also provide more evidence to prove the existence of probable cause. However, they cannot file two or more applications for SW at the same time.
fiscal, a SW was issued in A's name who was residing in the house of his father B. during its implementation, packs of shabu were seized in the living room. can A be successfully prosecuted even if there were many occupants in the house and the ownership of shabu is unknown?
Ang rule po kasi is the sw must specifically describe the things to be searched and the place sought to be searched, especially if maraming tao ang nakatira sa bahay. For example, dapat naka indicate sa sw ang specific portion sa haus kung saan nakalagay ang contraband, e.g. sa aparador in room no. 1. That way, kung sino ang gumagamit ng aparador sa room 1 sya po ang may constructive possession.
Fiscal, is it really necessary to do force entry when conducting a search warrant? And in the Search warrant itself, is it also acceptable if the address written is only written in general instead of the specific address itself?
As to your first question, hindi po necessary to use force in executing/implementing a SW. It is only when the occupant refuses entry after the police has announced its intention to execute a SW can the police use an amount of force necessary to break open the door or window so they can access the house, building, or enclosure.
As to your second question, hindi po pwede general address lang. The place to be searched must be specifically described in the SW. Kung hindi po specifically described yung address, the SW is void.
@@FiscalEJ Thank you for the answer Fiscal. I was the one who got arrested. They used forced entry when they got inside our house. Wala pong katok katok. Pakapasok po sa bahay they pointed guns in my 9 and 7 years old kids even to my wife. And before the search process 3 of the PDEA Agents already went inside our room where the ‘said’ evidence was found. I just wanted to verify about the address Fiscal. The address in the warrant is Purok 2 which is very general cause when we say purok 2 there’s alot of houses located in Purok 2 not only our house. My house has a specific address but it’s not in the SW that was issued to us. Is it still valid or can the SW be void cause of the address used? This would really be very helpful for my case po. And ngayon palang po nagpapasalamat po ako ng marami.
@@dreadmanshobbyvlog1949 Pasensya na po. I cannot answer any further dahil pending case pala yan. I can only answer hypothetical questions po. Meron po kasing rule na hindi pwedeng i-discuss sa media (or social media such as TH-cam) ang merits ng isang pending case. I'm pretty sure po your lawyer knows what to do in regard to your case.
Basta ang rule po is that the SW must specifically describe the things to be searched and the place to be searched, otherwise the warrant is void. Dapat pa nga merong sketch ng lugar at sketch ng floor plan kung saan nakalagay ang mga contrabando na isusumite together with the application for SW.
Good luck po sa case nyo. Sana po manaig ang hustisya.
Try to explain it in tagalog since your viewers are filipinos