**Facts:**
On January 20, 2017, Police Superintendent Leo Tayabas Ajero sought a search warrant from Judge Arvin Sadiri B. Balagot against Roberto Rey E. Gabiosa for illegal drug activities. Based on informant tips, surveillance, and a test-buy operation where Gabiosa allegedly sold shabu, Judge Balagot issued the warrant. Gabiosa contested its validity, claiming rights violations, but the RTC upheld it, centering on the sufficiency of witness testimony for probable cause and the irrelevance of rehashed questions if under oath.
Gabiosa appealed, leading the CA to nullify the warrant, emphasizing a constitutional interpretation that both complainant and witness must be personally examined by the issuing judge, which was not done. The texts were deemed not just mandatory but exclusive for establishing probable cause.
The People, through the OSG, appealed to the Supreme Court, arguing the RTC’s decision.
**Issues:**
1. Whether the CA erred in its interpretation that both the complainant and the witness need personal examination by the judge for a valid search warrant.
2. Whether the questions asked by Judge Balagot were sufficiently probing to establish probable cause.
**Court’s Decision:**
The Supreme Court granted the People’s petition, reinstating the RTC decision and upholding the search warrant’s validity. The Court corrected the CA’s interpretation, clarifying that either the complainant’s or the witness’s examination could suffice for probable cause if personally convinced by the judge. This aligned with longstanding jurisprudence prioritizing substance over formality in these proceedings. The decision also found the judge’s questions adequately probing, based on officer testimony and concrete evidence like the positive drug test and detailed property descriptions.
**Doctrine:**
This case reaffirms the doctrine that the determination of probable cause for issuing a search warrant hinges on the judge’s discretion and conviction, based on either the complainant’s or witness’s testimony. The constitutional mandate for personal examination aims at ensuring substantive, not merely procedural, satisfaction of probable cause.
**Class Notes:**
– **Probable Cause**: A reasonable belief, based on facts, that a crime has been or is being committed.
– **Search Warrant Requirements**: Issuance must be upon probable cause, determined personally by the judge through examining under oath the complainant and/or witnesses, specifying the place to be searched and the items to be seized.
– **Examination of Complainant/Witness**: Not both mandatory; the essential criterion is the judge’s personal conviction of probable cause, which can be based on either’s testimony.
**Historical Background:**
The issue reflects the evolving interpretation of procedural requirements for search warrants in Philippine jurisprudence. This case underscores the judiciary’s role in balancing state interests against individual rights, specifically in the context of drug enforcement versus privacy rights. It demonstrates the Supreme Court’s approach to reconciling the constitutional text with practical law enforcement needs, ensuring that legal standards adapt to ensure both justice and operational efficiency.
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