VENUE OF APPLICATION; JURISDICTION OF COURT filed.* – An application for search warrant shall be filed with the following: Rule 126, Sec. 2 . Court where application for search warrant shall be filed.* – (a) Any court within whose territorial jurisdiction a crime was committed. (b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. owe!er, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. "ase: En Banc Malalan !. CA "R N. 1#$%&' Ma( 6, 1''$ Re)ala*, J+ Fac-+
A search warrant was sought for in connection with an alleged !iolation of #$%&'' (llegal #ossession o f Firearms and Ammunitions) perpetrated in ue*on ue*on "ity. +he application application for search warrant howe!er howe!er was made in "aloocan "aloocan "ity. "ity. +he petitioners, petitioners, alaloan alaloan and -uare*, were the ones indicted by !irtue of the said search warrant. nformation was filed against them for !iolation of #$%&''. #etitioners assailed the !alidity of the search warrant since it was applied in "aloocan "ity which was outside the territorial jurisdiction of ue*on "ity.
I--ue+
hether or not a court may take cogni*ance of an application for a search warrant in connection with an offense allegedly committed committed outside its territorial jurisdiction
el*+
/es, /es, the court may take cogni*ance and may issue a search warrant e!en if the offense is committed outside its territorial jurisdiction
Ra/+
A search warrant warrant is merely merely a judicial process process designed by the Rules to respond respond only to an incident incident in the main case, case, if one has already already been instituted, or in anticipation thereof. n thereof. n the latter contingency, contingency, as in the case at bar, it would in!ol!e so me judicial clair!oyance to re0uire obser!ance of the rules as to where a criminal case may e!entually be filed where, in the first place, no such action having as yet been instituted, it may ultimately be filed in a territorial jurisdiction other than that wherein wherein the illegal articles sought to be seized are then located . +his is aside from the consideration that a criminal action may be filed in different !enues under the rules for delitos continuados or continuados or in those instances where different trial courts ha!e concurrent original jurisdiction o!er the same criminal offense.
O0e cnen/n-+
#etitioners used the following circulars to justify their contention that a search warrant must be applied in ue*on "ity if the illegal articles sought are in ue*on "ity. C/cula N. 1, C/cula N. 1' an* A*3/n/-a/!e O*e N.
C/cula N. 1 an* 1' 4A. M. NO. ''52#5#'5SC JANUAR 27, 2### RESOLUTION CLARIFIN" "UIDELINES ON TE APPLICATION APPLICATION FOR AND ENFORCEABILIT OF SEARC 8ARRANTS
n the interest of an effecti!e administration of justice and pursuant to the powers !ested in the 1upreme "ourt by the "onstitution, the following are authori*ed to act on all applications for search warrants in!ol!ing heinous crimes, illegal gambling, dangerous drugs and ille gal possession of firearms: +he 23ecuti!e 4udge and 5ice 23ecuti!e 4udges of 6egional +rial "ourts, anila and ue*on "ity, filed by the #hilippine 7ational #olice (#7#), the 7ational 8ureau of n!estigation (78), +he #residential Anti9rgani*ed Anti9rgani*ed "rime +ask Force (#A"9+F) (#A"9+F) and the 6eaction Against "rime +ask +ask Force (62A"+9+F) (62A"+9+F) with the 6egional +rial "ourts of anila and ue*on "ity. +he applications shall be personally endorsed by the eads of the said agencies, for the search of places to be particularly described therein, and the sei*ure of property or things as prescribed in the 6ules of "ourt, and to issue the warrants, if justified, which may be ser!ed in places outside the territorial jurisdiction of said courts. +he authori*ed judges shall keep a special docket book listing the details of the applications and the result of the searches and sei*ures made pursuant to the warrants issued. +his 6esolution is effecti!e immediatel y and shall continue until further orders from this "ourt and shall be an e3ception to the pro!isions of "ircular 7o. %; dated % ctober %<&= and "ircular 7o. %< dated > August %<&?. +his 6esolution supersedes Administrati!e rder 7o. @9'9
8oth circulars were not intended to be of general application to all instances in!ol!ing search warrants and in all courts as would be the case if they had been adopted as part of the 6ules of "ourt. +hese circulars were issued by the "ourt to meet a particular e3igency, that is, as emergency guidelines on applications for search warrants filed only in the courts of etropolitan anila and other courts with multiple salas and only with respect to !iolations of the Anti91ub!ersion Act, crimes against public order under the 6e!ised #enal "ode, illegal possession of firearms andBor ammunitions, and !iolations of the $angerous $rugs Act. n other words, the aforesaid theory on the courtCs jurisdiction to issue search warrants would not apply to single-sala courts and other crimes. Accordingly, the rule sought by petitioners to be adopted by the "ourt would actually result in a bifurcated procedure which would be !ulnerable to legal and constitutional objections.
A*3/n/-a/!e O*e N. For that matter, neither can we subscribe to petitionersC contention that Administrati!e rder 7o. ; of this "ourt, sup posedly Ddefining the limits of the territorial jurisdiction of the 6egional +rial "ourts,D was the source of the subject matter jurisdiction of, as distinguished from the eercise of jurisdiction by, the courts. As earlier obser!ed, this administrati!e order was issued pursuant to the pro!isions of 1ection %& of 8atas #ambansa 8lg. %@<, the pertinent portion of which states:
1ec. %&. Authority to define territory appurtenant to each branch. E +he 1upreme "ourt shall define the territory o!er which a branch of the 6egional +rial "ourt shall eercise its authority. +he territory thus defined shall be deemed to be the territorial area of the branch concerned for purposes of determining the !enue of all writs, proceedings or actions, whether ci!il or criminal, . . . . (2mphasis ours.)
4urisdiction is conferred by substanti!e law, in this case 8atas #ambansa 8lg. %@<, not by a pr ocedural law and, much less, by an administrati!e order or circular. +he jurisdiction conferred by said Act on regional trial courts and their judges is basically regional in scope. +hus, 1ection %? thereof pro!ides that D(e)!ery 6egional +rial 4udge shall be appointed to a region which shall be his permanent station,D and he Dmay be assigned by the 1upreme "ourt to any branch or city or municipality within the same region as public interest may re0uire, and such assignment shall not be deemed an assignment to another station . . .D which, otherwise, would necessitate a new appointment for the judge.
n fine, Administrati!e rder 7o. ; and, in like manner, "irculars 7os. %; and %<, did not per se confer jurisdiction on the co!ered regional trial court or its branches, such that non9obser!ance thereof would nullify their judicial acts. +he administrati!e order merely defines the limits of the administrative area within which a branch of the court may e3ercise its authority pursuant to the jurisdiction conferred by 8atas #ambansa 8lg. %@<. +he circulars only allocated to the three e3ecuti!e judges the administrative areas for which they may respecti!ely issue search warrants under the special circumstance contemplated therein, but likewise pursuant to the jurisdiction !ested in them by 8atas #ambansa 8lg, %@<.
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"u/*el/ne- n 9--/:le cnl/c- ue 9e-nal 99e( /nen*e* :e u-e* a- e!/*ence /n -a/* c/3e.
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+he court wherein the criminal case is pending shall ha!e primary jurisdiction to issue search warrants necessitated by and for the purposes of said case. hen the latter court issues the search warrant, a motion to 0uash the same may be filed in and shall be resol!ed by said court, without prejudice to any proper recourse to the appropriate higher court b y the party aggrie!ed by the resolution of the issuing court. here no motion to 0uash the search warrant was filed in or resol!ed by the issuing court, the interested party may mo!e in the court where the criminal case is pending for the suppression as e!idence of the personal prop erty sei*ed under the warrant if the same is offered therein for said purpose. here the court which issued the search warrant denies the motion to 0uash the same and is not otherwise pre!ented from further proceeding thereon, all personal property sei*ed under the warrant shall forthwith be transmitted by it to the court wherein the criminal case is pending, with the necessary safeguards and documentation therefor.
VENUE OF APPLICATION; JURISDICTION OF COURT =.
+hese guidelines shall likewise be obser!ed where the same criminal offense is charged in different informations or complaints and filed in two or more courts with concurrent original jurisdiction o!er the criminal action.
7ote: (#lease check the riginal "ase for the full e3planation of each guideline)
4A. M. NO. ''52#5#'5SC JANUAR 27, 2### RESOLUTION CLARIFIN" "UIDELINES ON TE APPLICATION FOR AND ENFORCEABILIT OF SEARC 8ARRANTS
n the interest of an effecti!e administration of justice and pursuant to the powers !ested in the 1upreme "ourt by the "onstitution, the following are authori*ed to act on all applications for search warrants in!ol!ing heinous crimes, illegal gambling, dangerous drugs and ille gal possession of firearms: +he 23ecuti!e 4udge and 5ice 23ecuti!e 4udges of 6egional +rial "ourts, anila and ue*on "ity, filed by the #hilippine 7ational #olice (#7#), the 7ational 8ureau of n!estigation (78), +he #residential Anti9rgani*ed "rime +ask Force (#A"9+F) and the 6eaction Against "rime +ask Force (62A"+9+F) with the 6egional +rial "ourts of anila and ue*on "ity. +he applications shall be personally endorsed by the eads of the said agencies, for the search of places to be particularly described therein, and the sei*ure of property or things as prescribed in the 6ules of "ourt, and to issue the warrants, if justified, which may be ser!ed in places outside the territorial jurisdiction of said courts. +he authori*ed judges shall keep a special docket book listing the details of the applications and the result of the searches and sei*ures made pursuant to the warrants issued. +his 6esolution is effecti!e immediatel y and shall continue until further orders from this "ourt and shall be an e3ception to the pro!isions of "ircular 7o. %; dated % ctober %<&= and "ircular 7o. %< dated > August %<&?. +his 6esolution supersedes Administrati!e rder 7o. @9'9
