Tambasen v People; G.R. No. 89103; 14 Jul 1995; 246 SCRA 184

FACTS:
A search warrant was issued against petitioner who was believed to be in illegal possession of firearms, hand grenades, pistols, dynamites and subversive documents. The police team searched petitioner’s house and seized cash envelopes, radio handsets, an FM transceiver, battery packs, a notebook and assorted papers.

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

RULING:
NO. The search warrant violates Section 3, Rule 126 of the Revised Rules of Court, which prohibits the issuance of a search warrant for more than one specific offense. The caption of Search Warrant No. 365 reflects the violation of two special laws: P.D. No. 1866 for illegal possession of firearms, ammunition and explosives; and R.A. No. 1700, the Anti-Subversion Law. Search Warrant No. 365 was therefore a “scatter-shot warrant” and totally null and void.

Petition is GRANTED and the People is ORDERED to RETURN the money seized to petitioner.

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Category: Legal Chyme

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