Remedial Law, 2012 Bar — Question VI-D

ESSAY

A PDEA asset/informant tipped the PDEA Director Shabunot that a shabu laboratory was operating in a house at Sta. Cruz, Laguna, rented by two (2) Chinese nationals, Ho Pia and Sio Pao. PDEA Director Shabunot wants to apply for a search warrant, but he is worried that if he applies for a search warrant in any Laguna court, their plan might leak out. Suppose the judge issues the search warrant worded in this way: PEOPLE OF THE PHILIPPINES, Plaintiff, -versus- Ho Pia and Sio Pao, Accused. [Criminal Case No. 007, for Violation of R.A. 9165] TO ANY PEACE OFFICER, Greetings: It appearing to the satisfaction of the undersigned after examining under oath PDEA Director Shabunot that there is probable cause to believe that violations of Section 18 and 16 of R.A. 9165 have been committed and that there are good and sufficient reasons to believe that Ho Pia and Sio Pao have in their possession or control, in a two (2) door apartment with an iron gate located at Jupiter St., Sta. Cruz, Laguna, undetermined amount of "shabu" and drug manufacturing implements and paraphernalia which should be seized and brought to the undersigned, You are hereby commanded to make an immediate search, at any time in the day or night, of the premises above described and forthwith seize and take possession of the abovementioned personal property, and bring said property to the undersigned to be dealt with as the law directs. Witness my hand this 1st day of March, 2012. (signed) Judge XYZ Cite/enumerate the defects, if any, of the search warrant. (3%)

You can write freely without an account. Sign in to reveal the suggested answer and track your progress.