People v Dichoso; G.R. Nos. 101216-18; 14 Jun 1993; 223 SCRA 174

FACTS:
A search warrant was issued on the house of the accused spouses after the judge was satisfied that there existed probable cause to believe that the spouses were keeping, selling and using an undetermined quantity of shabu and marijuana. Accused were arrested, charged and convicted.

ISSUE(S):
Whether or not the arrest warrant issued is a general warrant.

RULING:
NO. The Dangerous Drugs Act is a special law that deals specifically with dangerous drugs which are subsumed into “prohibited” and “regulated” drugs and defines and penalizes categories of offenses which are closely related or which belong to the same class or species. Accordingly, one (1) search warrant may thus be validly issued for the said violations of the Dangerous Drugs Act.

Appealed decision of the lower court is MODIFIED.

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Category: Legal Chyme

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