BACHE & CO (PHIL) and FREDERICK E. SSEGGERMAN vs HON. JUDGE VIVENCIO M. RUIZ

BACHE & CO (PHIL) and FREDERICK E. SSEGGERMAN vs HON. JUDGE VIVENCIO M. RUIZ

GR No. L-32409

FACTS:

Respondent Misael P. Vera, Commissioner of Internal Revenue, wrote a letter addressed to respondent Judge Vivencio M. Ruiz requesting the issuance of Search Warrant for violation of Section 46 of National Internal Revenue Code and authorizing Revenue examiner Rodolfo de Leon, to make and file the application for Search Warrant which was attached to the letter. At that time Judge was hearing a certain case; so, by means of a note he instructed the Deputy Clerk of Court to take the depositions of respondents de Leon and Logronio. The stenographer, upon request of respondent Judge, read to him her stenographic notes; and thereafter, respondent Judge asked responded Logronio to take the oath and warned him that if his deposition was found to be false and without legal basis, he could be charged for perjury.

ISSUE:

Whether or not Judge Vivencio M. Ruiz conducted a personal examination?

HELD:

No. The petition for Certiorari, prohibition and Mandamus are granted. Search Warrant No. 2-M-70 issued by respondent Judge is declared null and void.

RATIONALE:

Personal examination by the Judge of the complainant and the witnesses is necessary to enable him to determine the existence or non-existence of a probable cause, the determination of whether or not a probable cause exists calls for the exercise of judgment after a judicial appraisal of facts and should not be allowed to be delegated in the absence of any rule to the contrary.  

In this case at bar, no personal examination at all was conducted by respondent Judge of the complainant and his witnesses.

The participation of respondent Judge in the proceedings which led to the issuance of Search Warrant 2-M-70 was thus limited to listening to the stenographer’s readings of her notes to a few words of warning against the commission of perjury, and to administering the oath to the complainant and his witness. This cannot be considered a personal examination. If there was an examination at all of the complainant and his witness, it was one conducted by the Deputy Clerk of Court

Section 4 (Examination of the Applicant):

The Judge or Justice of the peace must, before issuing the warrant, personally examine on oath or affirmation the complaint and any witnesses he may produce and take their depositions in writing, and attached them to the record, in addition to any affidavits presented to him.