Asian Surety & Insurance, Inc. v Herrera; G.R. No. L-25232; 20 Dec 1973; 54 SCRA 312

FACTS:
Respondent judge, upon the sworn application of an NBI agent supported by the deposition of his witness, issued a search warrant in connection with an undocketed case for estafa, falsification, insurance fraud, and tax evasion, against petitioner, a corporation duly organized and existing under the laws of the Philippines. Armed with the said warrant, NBI agents conducted the searched and seized two (2) carloads of documents, papers and receipts.

ISSUE(S):
Whether or not the search warrant was valid.

RULING:
NO. The search warrant was issued for four separate and distinct offenses, in contravention of the explicit command of Section 3, Rule 126, of the Rules providing that: “no search warrant shall issue for more than one specific offense.”

Petition is GRANTED. Search warrant is NULLIFIED and SET ASIDE. Respondents are ordered to RETURN IMMEDIATELY all documents, papers and other objects seized or taken thereunder.

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Category: Legal Chyme

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