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Mata, Soriano vs. Josephine K. Bayona, et al.

SORIANO MATA, petitioner, vs. HON. JOSEPHINE K. BAYONA, in her capacity as Presiding Judge of the City Court of Ormoc, BERNARDO GOLES and REYNALDO MAYOTE, respondents.

G.R. No. L-50720 | 1984-03-26

D E C I S I O N


DE CASTRO, J.:

The validity of the search warrant issued by respondent Judge (not reappointed) is challenged by petitioner for its alleged failure to comply with the requisites of the Constitution and the Rules of Court.

Specifically, the contention is that the search warrant issued by respondent Judge was based merely on the application for search warrant and a joint affidavit of private respondents which were wrongfully it is alleged subscribed, and sworn to before the Clerk of Court of respondent Judge. Furthermore, there was allegedly a failure on the part of respondent Judge to attach the necessary papers pertinent...