MATA V. BAYONA G.R. No. 50720. March 26, 1984
FACTS:
l Petitioner is accused under PD 810, as amended by PD 1306 "AN ACT GRANTING THE PHILIPPINE JAI-ALAI AND AMUSEMENT CORPORATION A FRANCHISE TO OPERATE, CONSTRUCT AND MAINTAIN A FRONTON FOR BASQUE PELOTA AND SIMILAR GAMES OF SKILL IN THE GREATER MANILA AREA".
l The information against herein petitioner alleged that he offered, took and arranged bets on the Jai Alai game by "selling illegal tickets known as ‘Masiao tickets’ without any authority from the Philippine Jai Alai & Amusement Corporation or from the government authorities concerned."
l During the hearing of the case, the search warrant and other pertinent papers connected to the issuance of the warrant is missing from the records of the case.
l This led petitioner to file a motion to quash and annul the search warrant and for the return of the articles seized
l The court dismissed his motion stating that the court has made a thorough investigation and examination under oath of Bernardo U. Goles and Reynaldo T. Mayote, members of the Intelligence Section of 352nd PC Co./Police District II INP and the court made a certification that the documents were not attached immediately and that there’s nowhere in the rules which specify when these documents are to be attached to the records.
l Petitioner’s MR was also denied
l Hence, this petition praying, among others, that this Court declare the search warrant to be invalid and all the articles confiscated under such warrant as inadmissible as evidence in the case, or in any proceedings on the matter.
ISSUE:
WON the search warrant is valid.
HELD:
NO. The search warrant is tainted with illegality for being violative of the Constitution and the Rules of Court.
Mere affidavits of the complainant and his witnesses are thus not sufficient. The examining Judge has to take depositions in writing of the complainant and the witnesses he may produce and to attach them to the record. Such written deposition is necessary in order that the Judge may be able to properly determine the existence or non-existence of the probable cause, to hold liable for perjury the person giving it if it will be found later that his declarations are false.
We, therefore, hold that the search warrant is tainted with illegality by the failure of the Judge to conform with the essential requisites of taking the depositions in writing and attaching them to the record, rendering the search warrant invalid.
Furthermore, While the SC held that the search warrant is illegal, the return of the things seized cannot be ordered. In Castro v. Pabalan, it was held that the illegality of the search warrant does not call for the return of the things seized, the possession of which is prohibited.
Petition granted.