Philippine Bar review · Question

Practice question: Requisites of a Valid Warrant

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Practice question

An applicant supplies affidavits for a search warrant. The judge asks only whether the signatures are genuine, makes no meaningful inquiry into facts personally known to the witnesses, and immediately issues the warrant. Explain why merely authenticating signatures does not perform the prescribed search-warrant examination.

Legal references

  • 1987 Constitution, Article III Section 2: https://lawphil.net/consti/cons1987.html
  • Rules of Court, Rule 126 Sections 4–5: https://lawphil.net/courts/supreme/rc/rc_110-127_2000.html

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