People v Choi (GR No. 152950, August 3, 2006)

 People of the Philippines et al. v. Christopher Choi

GR No. 152950, August 3, 2006

 

Corona, J.:

 

Facts:

            In April 1999, Nieto of DOF applied for a search warrant against Choi for violation of Intellectual Property Code for allegedly possessing fake Marlboro Red cigarettes. Nieto also presented Cavalera and Sealey as witnesses. The warrant was granted by J. Gatbalite, and search was conducted on the same day.

            

Issue: W/N J. Gatbalite gravely abused her discretion by issuing the search warrant based on the testimonies of the witnesses, without requiring the presentation of the fake and genuine items (based on 20^th Century Fox Film Corp. v CA)

 

 

Held: No, J. Gatbalite did not abuse her discretion as she asked questions which were probing. 

            

Since probable cause is dependent largely on the opinion and findings of the judge who conducted the examination and who had the opportunity to question the applicant and his witnesses, the findings of the judge deserve great weight.

 

            The 20^th Century Fox Film Corp case has been superseded by Columbia Pictures, Inc. v CA. 

 

Important:

 

Probable cause means such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched.

 

Requisites of probable cause

(1) the judge must examine the complainant and his witnesses personally;

(2) the examination must be under oath and

(3) the examination must be reduced in writing in the form of searching questions

 

The examination must be probing and exhaustive, not merely routinary, general, peripheral, perfunctory or pro-forma.