A SEARCH warrant is normally issued by a judge who has jurisdiction over the place where the crime was committed.
For example, if the house or building to be searched is located in Capiz, only a regional trial court in Capiz can issue the search warrant that will enable authorities to enter and look for the effects that are listed in the warrant. A court in Manila may not issue that warrant.
It is only for “compelling reasons” that a court that does not have territorial jurisdiction may issue the search warrant. But this court must still belong to the judicial region where the warrant is to be enforced.
In our example, despite compelling reasons, the Manila court would still be unable to issue the warrant because it does not belong to the same judicial region as Capiz. On the other hand, a court in Iloilo, which belongs to the same judicial region, may issue the warrant – but still only for compelling reasons.
Sometime in 2009, the Philippine National Police petitioned the Supreme Court for further exceptions to the rule.
Acting favorably, the Supreme Court issued AM No. 03-8-02-SC that authorized the executive judges of Manila and Quezon City to act on search warrant applications that may be served outside their territorial jurisdiction – meaning, anywhere in the Philippines.
These extraterritorial search warrants are applicable only to what the Supreme Court describes as “special criminal cases.” Examples are illegal possession of firearms and ammunitions, violations of the Dangerous Drugs Act, and illegal gambling.
The executive judge of Quezon City has been able to issue search warrants that were enforced all over – Negros, Ozamiz, and strangely, even the neighboring cities of Manila and Mandaluyong.
It was Quezon City that issued the search warrant against the Parojinog household in Ozamiz in July 2017. A lot of people were killed in that raid, including the Ozamiz mayor, his wife, his brother, and 14 others who were at the wrong place at the wrong time.
It was also a Quezon City search warrant that was used to apprehend Negros-based leaders of the National Federation of Sugar Workers and other progressive groups in November 2019. The police were allegedly able to collect illegal firearms and explosives.
What is strange, as mentioned, is that while Quezon City and Manila are on equal footing with respect to Philippine-wide search warrants pursuant to AM No. 03-8-02-SC, there had been occasions when Quezon City was still the court of choice of the Philippine Drug Enforcement Agency (PDEA) and other police agents when the premises to be searched were located in the City of Manila.
In November 2017, the condominium unit of Diana Yu Uy, daughter of alleged drug queen Yu Yuk Lai, was raided by the PDEA on the strength of a search warrant issued by a Quezon City judge. The condominium was in San Miguel, Manila. Illegal drugs were found in the unit, according to PDEA.
The case was tried in Manila as it was there that the illegal drugs were said to have been found. After trial, the Manila judge invalidated the search warrant issued by the Quezon City judge for lack of probable cause. The judge also found that the CCTV cameras in the premises were tampered with, enabling agents to plant evidence. He also declared that one PDEA operative demanded a bribe from the accused.
That was a stinging rebuke from a co-equal court.
Last week, another co-equal court, this one in Mandaluyong City, invalidated a search warrant issued by the same Quezon City court. The Mandaluyong judge dismissed the case for illegal possession of firearms and explosives against journalist Lady Ann Salem whose residence was raided in December last year. The judge nullified the search warrant as it was “void for vagueness.”
These other courts are well-manned and sufficiently equipped, which sort of begs the question of why one court seems to be overreaching.
Defenders may be correct in citing current rules to defend the regularity of these warrants. But the overriding consideration must be that the sanctity of one’s home is protected by the Bill of Rights./PN
