CRIMINAL PROCEDURE

Stonehill Vs Diokno
Facts: Petitioners were charge with !"iolation o# Central $ank Laws% &ari'
an C(sto)s Laws% Internal Re"en(e *Coe+ an the Re"ise Penal Coe,!
As s(ch% herein res-onents who are o.cers o# the go"ern)ent /
-rosec(tors an 0(ges1 iss(e 23 search warrants against -etitioners
an4or the cor-orations o# which the5 were o.cers to search the -ersons
an4or the -re)ises o# their o.ces% wareho(ses an4or resiences% an to
sei6e an take -ossession o# the #ollowing -ersonal -ro-ert5 to wit: 7ooks
o# acco(nts% 8nancial recors% "o(chers% corres-onence% recei-ts%
legers% 0o(rnals% -ort#olios% creit 0o(rnals% t5-ewriters% an other
oc()ents an4or -a-ers showing all 7(siness transactions incl(ing
is7(rse)ents recei-ts% 7alance sheets an -ro8t an loss state)ents
an $o77ins *cigarette wra--ers+,
Petitioners allege that the a#ore)entione search warrants are n(ll an
"oi% as it contra"enes the Constit(tion an the R(les o# Co(rt 7eca(se:
*9+ the5 o not escri7e with -artic(larit5 the oc()ents% 7ooks an
things to 7e sei6e: *3+ cash )one5% not )entione in the warrants% were
act(all5 sei6e: *;+ the warrants were iss(e to 8sh e"ience against the
a#ore)entione -etitioners in e-ortation cases 8le against the): *2+
the searches an sei6(res were )ae in an illegal )anner: an *<+ the
oc()ents% -a-ers an cash )one5 sei6e were not eli"ere to the
co(rts that iss(e the warrants% to 7e is-ose o# in accorance with law,
In their answer% res-onents allege that: *9+ that the conteste search
warrants are "ali an ha"e 7een iss(e in accorance with law: *3+ that
the e#ects o# sai warrants% i# an5% were c(re 75 -etitioners= consent:
an *;+ that% in an5 e"ent% the e'ects sei6e are a)issi7le in e"ience
against herein -etitioners% regarless o# the allege illegalit5 o# the
a#ore)entione searches an sei6(res,
ISSUE: >ON the iss(e search warrants were iss(e in accorance with
law an >ON the ite)s searche can 7e (se as e"ience against the
-etitioners,
RULIN?: &he Co(rt note that the oc()ents% -a-ers% an things sei6e
(ner the allege a(thorit5 o# the warrants in @(estion )a5 7e s-lit into
two *3+ )a0or gro(-s% na)el5: *a+ those #o(n an sei6e in the o.ces o#
the a#ore)entione cor-orations% an *7+ those #o(n an sei6e in the
resiences o# -etitioners,
As regars the 8rst gro(-% the Co(rt r(le that the -etitioners ha"e
no ca(se o# action to assail the legalit5 o# the conteste warrants an o#
the sei6(res )ae in -(rs(ance thereo#% #or the si)-le reason that sai
cor-orations ha"e their res-ecti"e -ersonalities% se-arate an istinct
#ro) the -ersonalit5 o# herein -etitioners% regarless o# the a)o(nt o#
shares o# stock or o# the interest o# each o# the) in sai cor-orations% an
whate"er the o.ces the5 hol therein )a5 7e, Inee% it is well settle
that the legalit5 o# a sei6(re can 7e conteste only 75 the -art5 whose
rights ha"e 7een i)-aire there75% an that the o70ection to an (nlaw#(l
search an sei6(re is purely personal an cannot 7e a"aile o# 75 thir
-arties, Conse@(entl5% -etitioners herein )a5 not "alil5 o70ect to the (se
in e"ience against the) o# the oc()ents% -a-ers an things sei6e
#ro) the o.ces an -re)ises o# the cor-orations a"erte to a7o"e% since
the right to o70ect to the a)ission o# sai -a-ers in e"ience 7elongs
exclusively to the cor-orations% to who) the sei6e e'ects 7elong% an
)a5 not 7e in"oke 75 the cor-orate o.cers in -roceeings against the)
in their ini"i(al ca-acit5,
>ith res-ect to the oc()ents% -a-ers an things sei6e% the Co(rt note
that (ner the Constit(tion% two -oints )(st 7e stresse in connection
with the constit(tional )anate against (nreasona7le search an sei6(re:
*9+ that no warrant shall iss(e 7(t upon probable ca(se% to 7e eter)ine
75 the 0(ge in the )anner set #orth in sai -ro"ision: an *3+ that the
warrant shall particularly escri7e the things to 7e sei6e,
None o# these re@(ire)ents has 7een co)-lie with in the conteste
warrants, Inee% the sa)e were iss(e (-on a--lications stating that the
nat(ral an 0(riical -erson therein na)e ha co))itte a !"iolation o#
Central $an Laws% &ari' an C(sto)s Laws% Internal Re"en(e *Coe+ an
Re"ise Penal Coe,! In other wors% nospecifc o'ense ha 7een allege
in sai a--lications, &he a"er)ents thereo# with res-ect to the o'ense
co))itte were abstract, As a conse@(ence% it was impossible #or the
0(ges who iss(e the warrants to ha"e #o(n the eAistence o# -ro7a7le
ca(se% #or the sa)e -res(--oses the intro(ction o# co)-etent -roo# that
the -art5 against who) it is so(ght has -er#or)e particular acts% or
co))itte specifc o)issions% "iolating a gi"en -ro"ision o# o(r cri)inal
laws,
&he gra"e "iolation o# the Constit(tion )ae in the a--lication #or the
conteste search warrants was co)-o(ne 75 the escri-tion therein
)ae o# the e'ects to 7e searche #or an sei6e, &h(s% the warrants
a(thori6e the search #or an sei6(re o# recors -ertaining to all business
transactions o# -etitioners herein% regarless o# whether the transactions
were legal or illegal, &he warrants sanctione the sei6(re o# all recors o#
the -etitioners an the a#ore)entione cor-orations% whate"er their
nat(re% th(s o-enl5 contra"ening the eA-licit co))an o# o(r $ill o#
Rights B that the things to 7e sei6e 7e particularly escri7e B as well
as tening to e#eat its )a0or o70ecti"e: the eli)ination
o# general warrants,
&h(s% the Co(rt hel that the warrants #or the search o# three *;+ resiences o#
the -etitioners are n(ll an "oi: that the searches an sei6(res therein )ae
are illegal: that the writ o# -reli)inar5 in0(nction hereto#ore iss(e% in connection
with the oc()ents% -a-ers an other e'ects th(s sei6e in sai resiences o#
herein -etitioners is here75 )ae -er)anent: that the writs -ra5e #or are
grante% inso#ar as the oc()ents% -a-ers an other e'ects so sei6e in the
a#ore)entione resiences are concerne: that the a#ore)entione )otion #or
Reconsieration an A)en)ent sho(l 7e% as it is here75% enie: an that the
-etition herein is is)isse an the writs -ra5e #or enie% as regars the
oc()ents% -a-ers an other e'ects sei6e in the twent51nine *3C+ -laces%
o.ces an other -re)ises en()erate in the sa)e Resol(tion% witho(t s-ecial
-rono(nce)ent as to costs,