Sunday, January 3, 2016

Enjoying the last day away from school

I was meaning to write about search warrants and warrants of arrest today. But I think I need to enjoy this last day away from school.

But here's some of the things that I want to explore in connection with  Article III, Section 2 of the 1987 Philippine Constitution which says:


Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. 
1. Why did the SC rule in Soliven vs Makasiar that a judge need not personally examine the complainant and the witnesses when it comes to warrants of arrest?

2. But it seems when it comes to search warrants, the SC is more strict than with warrants of arrests as regards personal examination by the judge.

3. etc.

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