Probable Cause Digest could be charged thereon and affiant be held liable for damages caused.

could be charged thereon and affiant be held liable for damages caused. The affidavit, which
served as the exclusive basis of the search warrant, is insufficient and fatally defective by
Alvarez vs. CFI reason of the manner in which the oath was made, and therefore, the search warrant and the
subsequent seizure of the books, documents and other papers are illegal. Further, it is the
ARRESTS, SEARCHES AND SEIZURES > Examination of witnesses
practice in this jurisdiction to attach the affidavit of at least the applicant or complainant to the
application. It is admitted that the judge who issued the search warrant in this case, relied
Facts: The Anti-Usury Board of the Department of Justice presented to Judge David a sworn
exclusively upon the affidavit made by agent Almeda and that he did not require nor take the
affidavit that a certain Narciso Alvarez is in possession of books, receipts, chits, lists used by
deposition of any other witness. The Constitution does not provide that it is of an imperative
him as money lender/usurer charging usurious rates in violation of law. Affiant Almeda, chief of
necessity to take the depositions of the witnesses to be presented by the applicant or
the task force, didn’t say that the information was based on his personal knowledge but was
complainant in addition to the affidavit of the latter. The purpose of both in requiring the
only received by him from a reliable source. Subsequently, the judge issued the warrant
presentation of depositions is nothing more than to satisfy the committing magistrate of the
ordering the search of Alvarez’ house. On June 4, 1936, the agents raided the subject place and
existence of probable cause. Therefore, if the affidavit of the applicant or complainant is
seized different documents namely, banknotes, bankbooks, stubs, cashbooks, bills of lading,
sufficient, the judge may dispense with that of other witnesses. Inasmuch as the affidavit of
credit receipts, etc. Thereafter, the articles seized was not brought immediately to the custody
the agent was insufficient because his knowledge of the facts was not personal but merely
of the judge who issued the SW. Alvarez moved that the agents of the Board be declared guilty
hearsay, it is the duty of the judge to require the affidavit of one or more witnesses for the
of contempt and prays that all articles in question be returned to him because the SW issued
purpose of determining the existence of probable cause to warrant the issuance of the search
was illegal. On the other hand, the Anti-Usury Board pleaded that they be allowed to retain
warrant. When the affidavit of the applicant or complainant contains sufficient facts within his
custody of the articles seized for further investigation. When the judge sustained the latter’s
personal and direct knowledge, it is sufficient if the judge is satisfied that there exists probable
motion. Alvarez elevated the matter to the SC and prayed that the search warrant as well as
cause; when the applicant’s knowledge of the facts is mere hearsay, the affidavit of one or
the order of the judge authorizing the Anti-Usury Board to retain custody be declared null and
more witnesses having a personal knowledge of the facts is necessary. Thus the warrant issued
void.
is likewise illegal because it was based only on the affidavit of the agent who had no personal
Issue: Whether the SW issued by the judge is illegal for having solely as basis the affidavit of knowledge of the facts
Agent Almeda in whose oath the latter declared that he had no personal knowledge of the
facts which were to serve as basis for the issuance of the warrant but he had knowledge Burgos vs. Chief of Staff (G.R. No. L-64261)
thereof only through information secured from a person whom he considered reliable.
Facts:
Ruling: Section 1, paragraph 3, of Article III of the Constitution and Section 97 of General
On 7 December 1982, Judge Ernani Cruz-Paño, Executive Judge of the then CFI Rizal [Quezon
Orders 58 require that there be not only probable cause before the issuance of a search
City], issued 2 search warrants where the premises at 19, Road 3, Project 6, Quezon City, and
warrant but that the search warrant must be based upon an application supported by oath of
784 Units C & D, RMS Building, Quezon Avenue, Quezon City, business addresses of the
the applicant and the witnesses he may produce. In its broadest sense, an oath includes any
“Metropolitan Mail” and “We Forum” newspapers, respectively, were searched, and office and
form of attestation by which a party signifies that he is bound in conscience to perform an act
printing machines, equipment, paraphernalia, motor vehicles and other articles used in the
faithfully and truthfully; and it is sometimes defined as an outward pledge given by the person
printing, publication and distribution of the said newspapers, as well as numerous papers,
taking it that his attestation or promise is made under an immediate sense of his responsibility
documents, books and other written literature alleged to be in the possession and control of
to God. The oath required must refer to the truth of the facts within the personal knowledge
Jose Burgos, Jr. publisher-editor of the “We Forum” newspaper, were seized. A petition for
of the petitioner or his witnesses, because the purpose thereof is to convince the committing
certiorari, prohibition and mandamus with preliminary mandatory and prohibitory injunction
magistrate, not the individual making the affidavit and seeking the issuance of the warrant,
was filed after 6 months following the raid to question the validity of said search warrants, and
of the existence of probable cause. The true test of sufficiency of an affidavit to warrant
to enjoin the Judge Advocate General of the AFP, the city fiscal of Quezon City, et.al. from using
issuance of a search warrant is whether it has been drawn in such a manner that perjury
the articles seized as evidence in Criminal Case Q-022782 of the RTC Quezon City (People v.
Burgos).

Issue:

Whether allegations of possession and printing of subversive materials may be the basis of the
issuance of search warrants.

Held:

Section 3 provides that no search warrant or warrant of arrest shall issue except upon probable
cause to be determined by the judge, or such other responsible officer as may be authorized by
law, after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be
seized. Probable cause for a search is defined as such facts and circumstances which would
lead a reasonably discreet and prudent man to believe that an offense has been committed
and that the objects sought in connection with the offense are in the place sought to be
searched. In mandating that “no warrant shall issue except upon probable cause to be
determined by the judge, after examination under oath or affirmation of the complainant and
the witnesses he may produce”; the Constitution requires no less than personal knowledge by
the complainant or his witnesses of the facts upon which the issuance of a search warrant may
be justified. Herein, a statement in the effect that Burgos “is in possession or has in his control
printing equipment and other paraphernalia, news publications and other documents which
were used and are all continuously being used as a means of committing the offense of
subversion punishable under PD 885, as amended” is a mere conclusion of law and does not
satisfy the requirements of probable cause. Bereft of such particulars as would justify a finding
of the existence of probable cause, said allegation cannot serve as basis for the issuance of a
search warrant. Further, when the search warrant applied for is directed against a newspaper
publisher or editor in connection with the publication of subversive materials, the application
and/or its supporting affidavits must contain a specification, stating with particularity the
alleged subversive material he has published or is intending to publish. Mere generalization will
not suffice.