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Clearly, probable cause existed for the issuance of the warrant based on the affidavits. The surveillance conducted
by SPO4 Nedita Balagbis on the basis of reliable information that Elidad, Violeta and Roger Kho were engaged in
the illegal manufacture and sale of fake Chin Chun Su products enabled her to gain personal knowledge of facts
indicating that an offense involving violation of intellectual property rights was being committed by the Khos and
that the objects sought in connection with the offense are in the place sought to be searched. This fact was sufficient
justification for the examining judge, in this case Judge Lanzanas, to conclude that there was probable cause for the
issuance of the search warrant. At the hearing conducted by Judge Lanzanas, SPO4 Nedita Balagbis and Victor
Chua testified on the affidavits they separately executed, and essentially stated therein upon inquiry by Judge
Lanzanas that indeed several fake Chin Chun Su products were loaded to a tricycle and brought to a warehouse in
Topacio Street.
In People v. Tee, it was held that a magistrates determination of probable cause for the issuance of a search warrant
is paid great deference by a reviewing court, as long as there was substantial basis for that determination. Substantial
basis means that the questions of the examining judge brought out such facts and circumstances as would lead a
reasonably discreet and prudent man to believe that an offense has been committed, and the objects in connection
with the offense sought to be seized are in the place sought to be searched.
There was no irregularity or abuse of discretion on the part of Judge Lanzanas for issuing the assailed search
warrant. He had complied with the procedural and substantive requirements for issuing a search warrant.