Corro v Lising; G.R. No. L-69899; 15 Jul 1985; 137 SCRA 541

FACTS:
Respondent judge issued a search warrant authorizing the search and seizure of printed copies of Philippine Times; manuscripts/drafts of articles for publication in the Philippine Times; newspaper dummies of the Philippine Times; subversive documents, articles, printed matters, handbills, leaflets, banners; typewriters, duplicating machines, mimeographing and tape recording machines, video machines and tapes which have been used and are being used as instrument and means of committing the crime of inciting to sedition.

ISSUE(S):
Whether or not there was sufficient probable cause for the issuance of a search warrant.

RULING:
NO An application for search warrant must state with particularity the alleged subversive materials published or intended to be published by the petitioner publisher and editor of the Philippine Times. Mere generalization will not suffice. The statements of private respondents Col. Castillo and Lt. Ignacio in their affidavits are mere conclusions of law and will not satisfy the requirements of probable cause.

Prayer for a writ of mandatory injunction for the return of the seized articles is GRANTED and all properties seized thereunder are ordered RELEASED to petitioner. Respondent officers are ordered to RE-OPEN the padlocked office premises.

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Category: Legal Chyme

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