The Judge Who Should Act on the Return of Search Warrant in the Absence of the Issuing Judge
OCA Circular No. 174-2019 outlines the procedure for judges to follow when acting on the return of a search warrant in the absence of the issuing judge. For multiple branch stations, the return should be handled by the pairing judge, or if unavailable, by the Executive Judge or Vice Executive Judge. In single branch stations, the nearest presiding judge of the appropriate Regional Trial Court (RTC) should take action, or the presiding judge of the nearest Municipal Trial Court (MTC) if necessary. All records related to the search warrant must be maintained in the issuing judge's sala for monitoring purposes. This circular supersedes any prior conflicting instructions from the Office of the Court Administrator.
Law Information
- Reference Number
- OCA Circular No. 174-2019
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
October 14, 2019
OCA CIRCULAR NO. 174-2019
| TO | : | All Judges and Clerks of Court of the First and Second Level Courts |
| SUBJECT | : | The Judge Who Should Act on the Return of Search Warrant in the Absence of the Issuing Judge |
In the 16 July 2019 Resolution in A.M. No. 19-07-162-RTC(Re: Letter Dated March 21, 2019 of Hon. Elmer M. Lanuzo, Executive Judge, Regional Trial Court, Legazpi City, Albay), the Court En BancRESOLVED to DIRECT that, in the absence of the issuing judge, the return of search warrant shall be acted upon by the following:
A. Multiple Branch Station:
1. The pairing judge pursuant to Circular No. 7 and Circular No. 19-98;
2. In the absence of the pairing judge, the Executive Judge or, in his absence, the Vice Executive Judge pursuant to paragraphs h and i, Chapter IV of A.M. No. 03-8-02-SC (Re: Guidelines on the Selection and Appointment of Executive Judges and Defining their Powers, Prerogatives and Duties). IDaEHC
B. Single Branch Station:
The nearest presiding judge of the appropriate RTC and in the absence of the presiding judge thereof the presiding judge of the nearest MTC pursuant to OCA Circular No. 271-2016.
In all cases, the record shall be maintained in the sala of the issuing judge for monitoring purposes pursuant to paragraph c, Section 12, Rule 126, Rules of Court.
Any prior circular from the Office of the Court Administrator on this matter which is contrary to the foregoing is hereby superseded.
For your information, guidance and strict compliance.
(SGD.) JOSE MIDAS P. MARQUEZCourt Administrator
Cite This Law
The Judge Who Should Act on the Return of Search Warrant in the Absence of the Issuing Judge, OCA Circular No. 174-2019, Oct 14, 2019 (Philippines)
The Judge Who Should Act on the Return of Search Warrant in the Absence of the Issuing Judge, OCA Circular No. 174-2019 (Phil. 2019)
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