Case Digests - page 30

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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FACTS: Four separate complaints for rape were instituted against the accused-appellants. All three were found guilty beyond reasonable doubt of the crime of rape and were meted with the sentence of reclusion perpetua and ordered to indemnify each of their victims. ISSUE(S): Whether or not appellant Putulin may still challenge the validity of his warrantless arrest and detention. HELD: NO. Any objection involving a warrant of arrest or the procedure in the acquisition by the court of jurisdiction over the person of an accused must be made before he enters his plea, otherwise the objection is deemed waived. This issue…

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FACTS: The National Capital Region District Command (NCRDC) was activated on January 20, 1987 pursuant to Letter of Instruction 02/87 of the Philippine General Headquarters, AFP, with the mission of conducting security operations within its area of responsibility and peripheral areas, for the purpose of establishing an effective territorial defense, maintain peace and order, and providing an atmosphere conducive to the social, economic and political development of the National Capital Region. The NCRDC installed checkpoints in various parts of Valenzuela, Metro Manila. ISSUE(S): Whether or not checkpoints are illegal as they violate the people’s right against unreasonable searches and seizures.…

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FACTS: A PC officer and some companions went to the house rented by accused-appellant where they were allowed entry into the house by the house help. upon entering, they saw radio sets, pamphlets, Xerox copiers and a computer machine. They asked and were granted permission to look around by the persons inside the house. In one of the rooms, they saw books used for subversive orientation, one M-14 rifle, bullets and ammunitions, among others. They confiscated the articles and brought them to their headquarters for final inventory. They likewise brought the persons found in the house to the headquarters for…

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