Practice question
According to Malaloan v. Court of Appeals, is a search-warrant proceeding itself the criminal action adjudicating the accused's guilt?
- Yes; issuance necessarily convicts the respondent
- Yes; it replaces trial in every case
- Yes; property seizure automatically imposes imprisonment
- No; it is a special judicial criminal process distinct from the criminal action
- No; therefore it is outside every constitutional safeguard
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rules 120 §§4–6, 121 §§1–6, 122 §§1–3,6,11, and 126 §§1,3–5; read appellate periods with Rodriguez and current appellate routes.
- https://lawphil.net/judjuris/juri1994/may1994/gr_104879_1994.html — Malaloan v. Court of Appeals, G.R. No. 104879, May 6, 1994, EN BANC MAIN decision (search warrant as special criminal process, not the criminal action); territorial rules governed by current Rule 126.
- https://lawphil.net/consti/cons1987.html — 1987 Constitution, Article III, Section 2 (judicial probable cause and particularity).
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