Case Digest of Mata vs Bayona

SORIANO MATA vs HON. JOSEPHINE K. BAYONA

FACTS:

The contention is that the search warrant issued by respondent Judge was based merely on application for Search Warrant and a joint affidavit of private respondents which were wrongfully allegedly subscribed, and sworn to before the Clerk of Court. Furthermore, there was allegedly a failure on the part of the respondent Judge to attach the necessary papers pertinently under PD 810, as amended by PD1306, the information against him alleging that Soriano Mata offered, took, and arrangedvbets on the Jai Alai game by “selling illegal tickets knows as Masiao tickets without any authority from the Philippine Jai Alai and Corporation or from the government authorities concerned.

ISSUE:

Whether or not Search Warrant is valid?

HELD:

No. The Search Warrant is declared as illegal.

RATIONALE:

Deposition, sometimes used in a broad sense to describe any written statement verified by oath; but in its more technical and appropriate sense the meaning of the word is limited to written testimony of a witness given in the course of a judicial proceeding in advance of the trial or hearing upon oral examination.  

Mere affidavits of the complainant and his witnesses are thus not sufficient. The examining Judge has to take depositions in writing of the complainant and the witnesses he may produce and to attach them to the record. Such written deposition is necessary in order that the Judge may be able to property determine the existence or non-existence of the probable cause, to hold liable for perjury the person giving if it will be found later his declarations are false.