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Bernard Nala vs Judge Jesus Barroso Jr

BERNARD R. NALA, petitioner, vs. JUDGE JESUS M. BARROSO, JR., Presiding Judge, Regional Trial Court, Branch 10, 10th Judicial Region, Malaybalay City, respondent.

G.R. No. 153087 | 2003-08-07

D E C I S I O N

YNARES-SANTIAGO, J.:

In determining the existence of probable cause for the issuance of a search warrant, the examining magistrate must make probing and exhaustive, not merely routine or pro forma examination of the applicant and the witnesses.[1] Probable cause must be shown by the best evidence that could be obtained under the circumstances. The introduction of such evidence is necessary especially where the issue is the existence of a negative ingredient of the offense charged, e.g., the absence of a license required by law.[2]

This is a petition for certiorari under Rule 65 of the Rules of Court, seeking to annul the...