Judges reminded to be more prudent in issuing search warrants amid campaign

MANILA, Philippines — As the election campaign heightens, the Office of Court Administrator Wednesday reminded local courts to be circumspect in issuing search warrants against politicians.

In a two-page circular released Wednesday, OCA cited reports that “are being used by unscrupulous politicians to obtain search warrants against their rivals during this election period."

“All judges are hereby reminded and advised to remain impartial and non-partisan, and be very circumspect on acting on applications for search warrants, to preclude the courts from being used for election purposes,” the office added.

The Rules on Criminal Procedure defines a search warrant as an order “issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property.”

The rules also provide that a search warrant should not be issued “except upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complaint and the witnesses he may produce, and particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines.”

OCA added that the local courts must ensure its jurisdiction first before “entertaining applications for search warrants and conduct the proper proceedings before the same are issued.”

“Nothing can justify the issuance of a search warrant unless all legal requisites are fulfilled,” the circular further read.

The office stressed that should a judge disregard the requirements before issuing a warrant, the offense could constitute grave abuse of discretion.

Court Administrator Jose Midas Marquez signed the circular.

The midterm election is slated on May 13.