SC CIRCULAR NO. 19, August 04, 1987
SC CIRCULAR NO. 19, August 04, 1987
Circulars August 4, 1987
ADMINISTRATIVE SUPERVISION OF COURTS
| TO : |
ALL JUDGES OF THE REGIONAL
TRIAL COURTS, METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT TRIAL COURTS |
| SUBJECT: |
AMENDED Guidelines and Procedures on Applications for Search
Warrants for Illegal Possession of Firearms and other Serious Crimes Filed in Metro Manila Courts and Other Courts with Multiple Salas |
This Court has received reports of delays while awaiting raffle,
in acting on applications for search warrants in the campaign against
loose firearms and other serious crimes affecting peace and order.
There is a need for prompt action on such applications for
search,warrant. Accordingly, these amended guidelines in the issuance of
a search warrant are issued:
- All applications or search warrants relating to violations
of the Anti-subversion Act, crimes against public order as defined in
the Revised Penal Code, as amended. illegal possession of firearms
and/or ammunitions and violations of the Dangerous Drugs Act of 1972, as
amended, shall no longer be raffled and shall immediately be taken cognizance of and acted upon by the Executive Judge
of the Regional Trial Court, Metropolitan Trial Court, and Municipal
Trial Court under whose jurisdiction the place to be searched is
located. - In the absence of the Executive Judge, the Vice Executive Judge shall take cognizance of and personally
act on the same. In the absence of the Executive Judge or
Vice-Executive Judge, the application may be taken cognizance of and
acted upon and any judge of the Court where the application is filed. - Applications filed after office hours, during Saturdays,
Sundays and holidays, shall likewise be taken cognizance of and acted
upon by any judge of the court having jurisdiction of the place to be
searched, but in such cases the applicant shall certify and state the
facts under oath, to be satisfaction of the judge, that its issuance is urgent. - Any judge acting on such application shall immediately and
without delay personally conduct the examination of the applicant and
his witnesses to prevent the possible leakage of information. He shall
observe the procedures, safeguards, and guidelines for the issuance of
search warrants provided for in this Court’s Administrative Circular No.
13, dated October 1, 1985. - This Circular shall take effect immediately.
Please be guided accordingly.
August 4, 1987.
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(Sgd.) CLAUDIO TEEHANKEE |
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Chief Justice
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