People v. Choi FACTS: On April 27, 1999, Mario P. P. Nieto, Intelligence Operative of the Economic Intelligence and Investigation !rea!, "epartment of #inance, applied for a search $arrant $ith the %egional &rial 'o!rt (%&') of Angeles 'it*, Pampanga, ranch + against respondent 'hristopher 'hoi for violation of -ection 1, paragraphs 2 and / (a) and (c), in relation to -ection 19 of %A 29/, also 0no$n as the Intellect!al Propert* 'ode, for having in his possession, control and c!stod* reams and pac0s of fa0e Marloro %ed 'igarettes. After eamination of the applicant and his $itnesses, namel*, Ma 'avalera and "avid 3ee -eale*, 4!dge 3o!rdes #. 5atalite iss!ed -earch 6arrant 6arrant No. 9917 dated April 27, 1999 and the search $as cond!cted on the same date. On Ma* 12, 1999, respondent 8led a motion to !ash search $arrant and a s!pplemental motion to !ash on 4!ne 22, 1999. oth $ere denied * 4!dge 5atalite in an order dated Novemer 29, 1999. %econsideration %econsideration $as li0e$ise denied. On 4!ne 19, 2:::, respondent 8led a petition for certiorari and prohiition efore the 'A. ;e alleged that 4!dge 5atalite committed grave a!se of discretion in ref!sing to !ash the search $arrant, arg!ing that proale ca!se $as not s!
the gen!ine ones for comparison, instead of rel*ing on his testimon* alone. &he 'A reasoned that this $as an asol!te re!irement re!irement !nder the -!preme 'o!rt r!li ng in 2:th 'ent!r* #o #ilm 'orporation v. 'o!rt of Appeals. ISSUE: 6hether %&' 4!dge 5atalite committed grave a!se of discretion in iss!ing the search $arrant eca!se she failed to determine proale ca!se p!rs!ant to -ections > and + of %!le 12 of the %!les of 'o!rt? HELD: NO. &he testimonies of applicant applicant Nieto and -eale*, -eale*, and appl*ing the estalished standards in determining proale ca!se, $e cannot sa* that 4!dge 5atalite committed grave a!se of discretion in iss!ing the search $arrant. ;er !estions $ere s!
(1) the !dge m!st eamine the complainant and his $itnesses personall*D (2) the eamination m!st e !nder oath and
(/) the eamination m!st e red!ced in $riting in the form of searching !estions and ans$ers.