SC CIRCULAR NO. 19, August 04, 1987

SC CIRCULAR NO. 19, August 04, 1987

Circulars August 4, 1987
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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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. This Circular shall take effect immediately.

Please be guided accordingly.

August 4, 1987.

 

(Sgd.) CLAUDIO TEEHANKEE

 
Chief Justice