Facts: Sgt. Villamor, chief of the PC Narcom Detachment in Dumaguete City filed an "application for search warrant" and "Deposition of witness" against petitioner Nicomedes Silva and Martin Silva. Judge Nickarter Ontal, then the presiding judge of RTC of Dumaguete issued Search Warrant No.1 pursuant to the said applications for violation of RA 6425 Dangerous Drugs ACT of 1972. Such warrant states that there is a probable cause to believe that Mr. Tama Silva has the possession and control of marijuana dried leaves, cigarette and joint. The warrant authorizes Sgt. Villamor to make an immediate search at any time of the room of Mr. Tama Silva at the residence of his father Comedes Silva and to open aparadors, lockers, cabinets, cartons and containers to look for said illegal drugs. In the course of the search, the officers seized money belonging to Antonieta Silva in the amount of P1,231.40. Petitioner filed a motion to quash Search Warrant No.1 on the ground that 1) it was issued on the sole basis of mimeographed 2) the judge failed to personally examine the complainant and witness by searching questions and answers.
Issue: Whether or Not Search Warrant No.1 is invalid. WON the officers abused their authority in seizing the money of Antonieta Silva.
Held: Search Warrant No. 1 is invalid due to the failure of the judge to examine the witness in the form of searching questions and answers. The questions asked were leading as they are answerable by mere yes or no. Such questions are not sufficiently searching to establish probable cause. The questions were already mimeographed and all the witness had to do was fill in their answers on the blanks provided. Judge Ontal is guilty of grave abuse of discretion when he rejected the motion of Antonieta Silva seeking the return of her money.
The officers who implemented the search warrant clearly abused their authority when they seized the money of Antonieta Silva. The warrant did not indicate the seizure of money but only for marijuana leaves, cigarettes..etc. Search Warrant No. 1 is declared null and void.
*** Sec 4 Rule 126 Rules of Court
Examination of the complainant, record -the judge before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath the complainant and any witness he may produce the facts personally known to them and attach to the record their sworn statements together with their affidavits.
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