Beruflich Dokumente
Kultur Dokumente
GR 147607
January 22, 2004
Facts:
SPO2 Chito Esmenda applied before the RTC for a
search warrant authorizing the search for marijuana
at the family residence of appellant Mamaril. During
the search operation, the searching team confiscated
sachets of suspected marijuana leaves. Police officers
took pictures of the confiscated items and prepared a
receipt of the property seized and certified that the
house was properly searched, which was signed by
the appellant and the barangay officials who
witnessed the search.
The PNP Crime Laboratory issued a report finding the
seized specimens positive for the presence of
marijuana. Moreover, the examination on the urine
sample of appellant affirmed that it was positive for
the same.
Appellant denied that he was residing at his parents
house, and that he was at his parents house when
the search was conducted only because he visited his
mother. He also said that he saw the Receipt of
Property Seized for the first time during the trial,
although he admitted that the signature on the
certification that the house was properly search was
his.
Issue:
Whether or not the trial court erred in issuing a
search warrant
Ruling:
Yes. The issuance of a search warrant is justified only
upon a finding of probable cause.
Probable cause for a search has been defined as such
facts and circumstances which would lead a
reasonably discreet and prudent man to believe that