Metro Manila (CNN Philippines, April 17) — The Supreme Court (SC) on Wednesday reminded judges to remain “impartial and non-partisan” when reviewing applications for search warrants which may be used for partisan purposes during this election season.
In a memorandum circular, the Office of the Court Administrator advised judiciary officials to be “very circumspect” on acting on applications– especially those coming from candidates.
The move was done amid reports that courts were “being used by unscrupulous politicians” to obtain search warrants against their respective rivals during the campaign period.
“Courts must ensure their jurisdiction before entertaining applications for search warrant, and conduct the proper proceedings before the same are issued,” the April 17 document read.
Court Administrator Midas Marquez, through the circular, told officials that while the power to search and seize is “necessary to the public welfare,” the constitutional rights of citizens must be upheld.
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“Nothing can justify the issuance of a search warrant unless all legal requisites are fulfilled. At the very least, the disregard by a judge of the requirements for the issuance of a search warrant constitutes grave abuse of discretion,” the document added.
