Claudine - page 30

FACTS: The National Bureau of Investigation conducted surveillance and investigation of the outlets complained by petitioners to be violating Presidential Decree No. 49 (Protection of Intellectual Property). Subsequently, three search warrants were issued and executed against the video outlets owned by private respondents. However, the lower court issued an order lifting the said search warrants. ISSUE(S): Whether or not the search warrants were valid. HELD: NO. That lacking in the requisite presentation to the Court of an alleged master ape for purposes of comparison with the purchased evidence of the video tapes allegedly pirated and those seized from respondents, there…

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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. HELD: 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…

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FACTS: Upon application before the respondent court, a search warrant was issued against the petitioners. The said warrant merely mentioned illegal traffic of narcotics and contraband inside the warehouse and premises of petitioners. No specific offense had been alleged. The particular description of the things to be seized was not averred, neither the premises to be searched. ISSUE(S): Whether or not the search warrant issued was valid. HELD: NO. The basic procedural requisite that a search warrant “shall not issue but upon probable cause in connection with one specific offense,” was not complied where in an application for a search…

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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. HELD: NO. The search warrant was issued for four separate and distinct offenses, in contravention of the explicit command of Section…

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FACTS: An application was filed for the issuance of a search warrant against petitioner for violation of PD 1866 (Illegal Possession of Firearms, etc.), specifically listing all the weapons and ammunitions believed to be in the latter’s possession. Satisfied with his examination of the witness, respondent judge issued the assailed search warrant which was enforced the following day. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. The applicant and his witness had no personal knowledge of the facts and circumstances which became the basis for issuing the questioned search warrant, but acquired knowledge thereof only through information…

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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. HELD: NO An application for search warrant must state with particularity…

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FACTS: The chief of the secret service of the Anti-Usury Board of the Department of Justice presented to respondent Judge an affidavit alleging that petitioner kept in his house books, documents, receipts, lists, chits and other papers used by him in connection with his activities as a money-lender, charging usurious rates of interest in violation of the law. He did not swear to the truth of his statements upon his own personal knowledge of the facts. Upon the affidavit in question, respondent judge issued the warrant, ordering the search of petitioner’s house as well as the seizure of the books…

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FACTS: An agent and representative of the Bureau of Internal Revenue alleged that fraudulent books, letters and papers or records were being kept in the building occupied by the defendant. After the complainant made his affidavit, the judge issued the questioned warrant commanding the peace officers to search said building. Among the items seized was an art metal filing cabinet claimed by petitioner-appellant to be his and to contain some letters, documents and papers belonging to his clients. ISSUE(S): Whether or not the search and seizure were valid. HELD: NO. The affidavit did not state that the books, documents or…

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FACTS: The PNP-NARCOM, NCR applied for a search warrant before the Regional Trial Court of Kalookan City to search petitioner’s house and parlor in Quezon City. After personally examining the applicant and his witness, the presiding judge issued the search warrants. ISSUE(S): Whether or not a court may validly issue a search warrant for a place outside its jurisdiction. HELD: YES. While the trial court which has territorial jurisdiction over the place has primary authority to issue search warrants therefor, any court of competent jurisdiction when necessitated and justified by compelling considerations of urgency, subject, time and place, may issue…

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FACTS: Members of the CAPCOM, armed with a search warrant issued by respondent RTC Judge of Kalookan City in connection with an alleged violation of P.D. 1866 perpetrated in Quezon City, proceeded to the site where a labor seminar was then taking place. Firearms, explosive materials and subversive documents, among others, were seized and taken during the search. Petitioners, all EILER Instructors, were indicted. ISSUE(S): Whether or not the issuance of search warrants and/or warrants of arrest is subject to jurisdictional restrictions. HELD: NO. It may be conceded, as a matter of policy, that where a criminal case is pending,…

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