Thursday, December 1, 2016

MTC may issue search warrant re crimes within RTC jurisdiction - GR 204419.pdf

See - 204419.pdf

"x x x.

Apparently, in this case, the application for a search warrant was filed within the same judicial region where the crime was allegedly committed. For compelling reasons, the Municipal Trial Court of Gattaran, Cagayan has the authority to issue a search warrant to search and seize the dangerous drugs stated in the application thereof in Aparri, Cagayan, a place that is within the same judicial region.

The fact that the search warrant was issued means that the MTC judge found probable cause to grant the said application after the latter was found by the same judge to have been filed for compelling reasons.

Therefore, Sec. 2, Rule 126 of the Rules of Court was duly complied with.

It must be noted that nothing in the above-quoted rule does it say that the court issuing a search warrant must also have jurisdiction over the offense.

A search warrant may be issued by any court pursuant to Section 2, Rule 126 of the Rules of Court and the resultant case may be filed in another court that has jurisdiction over the offense committed.

What controls here is that a search warrant is merely a process, generally issued by a court in the exercise of its ancillary jurisdiction, and not a criminal action to be entertained by a court pursuant to its original jurisdiction.24

Thus, in certain cases when no criminal action has yet been filed, any court may issue a search warrant even though it has no jurisdiction over the offense allegedly committed, provided that all the requirements for the issuance of such warrant are present.

x x x."