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 other offense, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding P1,000 pesos 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.


Acts punished:

1. By procuring a search warrant without just cause;
2. By exceeding authority or using unnecessary severity in executing a search warrant legally procured


Elements of procuring a search warrant without just cause:

(1) Offender is a public officer or employee

(2) He procures a search warrant

(3) There is no just cause

■ The public officers procuring a search warrant without just cause may also be held liable for perjury if they made a willful and deliberate assertion of a falsehood in the affidavits filed in support of the application for search warrant. (Reyes)



Elements of exceeding authority or using unnecessary severity in executing a search warrant legally procured:

(1) Offender is a public officer or employee

(2) He has legally procured a search warrant

(3) He exceeds his authority or uses unnecessary severity in executing the same.


Example:

■ If in searching a house, the public officer destroys furniture therein without any justification at all.

■ If the public officer, in executing a search warrant for opium, seized books, personal letters and other property having a remote or no connection with opium.