Search warrants maliciously obtained and abuse in the service of those legally obtained, Revised Penal Code

1. Concept

Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained - In addition to the liability attaching to the offender for the commission of any offense, the penalty of arresto mayor in its maximum period to prisión correccional in its minimum period and a fine not exceeding (₱200,000) shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same. (As amended by R.A. 10951)

2. Modes of commission

2 modes of committing the offense:

1) Procuring a search warrant without just cause; or

2) Legally procuring a search warrant but exceeding authority or use unnecessary severity in executing the same.

a. Procuring a search warrant without just cause

Elements of offense:

1) The offender is a public officer or employee; and,

2) He procures a search warrant without just cause.

b. Legally procuring a search warrant but exceeding authority or use unnecessary severity in executing the same

Elements of offense:

1) The offender is a public officer or employee; and,

2) He legally procured a search warrant but  exceeds his authority or use unnecessary severity in executing the same.
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