Judges must conduct inquiry before issuing search warrants —SC Justice Gesmundo

Judges should not depend on the authorities’ assertions when evaluating an application for a search warrant, Supreme Court (SC) Associate Justice Alexander Gesmundo said Friday.

“The rules are clear: the judge must conduct search and inquiry and if he decides to issue a search warrant, his primary basis should be his own determination based on his examination of the applicant as well as the witnesses,” Gesmundo, an applicant for chief justice, told the screening body Judicial and Bar Council (JBC).

Gesmundo’s statement came after Chief Justice Diosdado Peralta asked him whether a judge should base his or her decision on the declarations of the applicant or information elicited during the hearing.

Some search warrants issued against certain individuals, including activists, were voided by other courts either due to lack of probable cause or failure to adhere to the constitutional requirement.

This happened in the cases involving journalist Lady Ann Salem and Bacolod activists who were arrested in 2019.

The killings of nine activists in Calabarzon on Sunday as a result of police-military operations stemmed from the implementation of search warrants issued by Manila courts.

There are calls for the SC to review its rule allowing the executive judges of Manila and Quezon City to issue search warrants that can be implemented nationwide.

During the public interview, Gesmundo also outlined his plans for the judiciary and how to address the killings of lawyers and judicial officers.

Gesmundo said the SC should talk to law enforcement authorities to get details of the investigations and conduct a dialogue with the Integrated Bar of the Philippines (IBP).

Asked by JBC member Noel Tijam if he would encourage lawyers to carry firearms, Gesmundo said, “Yes, Your Honor.”

“If they feel they are adequate to handle firearms, they should be allowed. They should be allowed to carry firearms outside of their residence if they think that is the best way to protect themselves from the threat,” he added.

Gesmundo plans to establish a “technology-driven court” and conduct a review and assessment of the organizational setup and structure of the entire judiciary.

A former Sandiganbayan justice, Gesmundo joined the SC in August 2017.

He is set to retire in November 2026, giving him at least five years to implement his programs should President Rodrigo Duterte promote him to the highest judicial post in the country.

“A chief justice should be able to show that one, he is participative and at the same time consultative. That’s the essence of a leader in the judiciary,” Gesmundo said.—LDF, GMA News