Nolasco v Paño; G.R. No. L-69803; 08 Oct 1985; 139 SCRA 152

FACTS:
Petitioners were arrested on the strength of a search warrant issued for rebellion. The searching party seized 428 documents and written materials, including a portable typewriter and two wooden boxes.

ISSUE(S):
Whether or not the search warrant is void for being general.

RULING:
YES. The search warrant authorizes the seizure of personal properties vaguely described and not particularized. It is an all-embracing description which includes everything conceivable regarding the CPP and the NDF. There is absent a definite guideline to the searching team as to what items might be lawfully seized thus giving the officers of the law discretion regarding what articles they should seize.

Petition is GRANTED.

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Category: Legal Chyme

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