Vous êtes sur la page 1sur 1

BURGOS v.

CHIEF OF STAFF

133 SCRA 800

FACTS: Two search warrants were issued to search the premises of


the Metropolitan Mail and We Forum newspapers and the
seizure of items alleged to have been used in the crime of
subversion. The validity of these warrants were assailed and
petitioners further prayed for the return of the seized articles and
that respondents be enjoined from using the seized articles as
evidence against petitioner and other accused.
ISSUE: whether or not the warrants issued were valid to justify the
seizure of items.
HELD: the Constitution provides, no search warrant or warrant
of arrest shall issue except upon probable cause to be determined
by the judge, or such other responsible officer as may be
authorized by law, after examination under oath or affirmation of
the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the persons
or things to be seized. Probable cause for a search is defined as
such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been
committed and that the objects sought in connection with the
offense are in the place sought to be searched. In the case at bar,
the application and its supporting affidavits must contain a
specification, stating with particularity the alleged subversive
material he has published or is intending to publish. Mere
generalization will not suffice. Thus, the broad statement in Col.
Abadillas application is a mere conclusion of law and does not
satisfy the requirements of probable cause. The warrant is
constitutionally objectionable because they are in the nature of
general warrants.
The search warrants were declared null and void.

Vous aimerez peut-être aussi