Case Digest: Columbia Pictures vs. Flores, G.R. No. 78631, June 29, 1993

   Unreasonable Search and Seizures | Constitutional Law


Facts:

The petitioners, foreign corporations represented by the Motion Picture Association of America, had filed a complaint with the National Bureau of Investigation (NBI) against certain video establishments for violating Presidential Decree No. 49. FGT Video Network, Inc., a licensed distributor, was among those under discreet surveillance operations. NBI and private agents conducted a test buy operation using the copyrighted motion pictures of Twentieth Century Fox Film Corp., Paramount Pictures, Inc., and MGM. Thereafter, a search warrant was issued, leading to the seizure of television sets, video cassette recorders, rewinders, tape head cleaners, accessories, equipment, and other paraphernalia or pieces of machinery.

FGT filed a motion for the immediate release of equipment and accessories "not covered" by the search warrant. Petitioners opposed the motion, but the lower court granted FGT's motion and ordered the immediate release and return of the "television sets, video cassette recorders, rewinders, tape head cleaners, accessories, equipment and other machines or paraphernalias." 


Issue:

WoN the lower court acted with grave abuse of discretion amounting to lack of jurisdiction in ordering the immediate release and return of some of the items seized by virtue of the search warrant.


Held: Dismissed.

The language used in paragraph (c) of Search Warrant No. 45 is thus too all-embracing as to include all the paraphernalia of FGT in the operation of its business. As the search warrant is in the nature of a general one, it is constitutionally objectionable.

In consequence, respondent court was merely correcting its own erroneous conclusions in issuing Search Warrant No. 45 when it ordered the return of the seized television sets and other paraphernalia specified in the motion filed by FGT. 


Recit Version

Facts:

Foreign corporations represented by the Motion Picture Association of America filed a complaint against certain video establishments in the Philippines for violating Presidential Decree No. 49. FGT Video Network, Inc., a licensed distributor, was among those under discreet surveillance operations. After a test buy operation, a search warrant was issued, leading to the seizure of various equipment and paraphernalia. FGT filed a motion for the immediate release of equipment and accessories "not covered" by the search warrant, and the lower court granted their motion, ordering the immediate release and return of the seized items.

Issue:

WoN the lower court acted with grave abuse of discretion amounting to lack of jurisdiction in ordering the immediate release and return of some of the items seized by virtue of the search warrant.

Held: Dismissed.

The language used in paragraph (c) of Search Warrant No. 45 was too broad, as it included all the paraphernalia used in FGT's business. This made the search warrant unconstitutional. The court was correcting its own error in issuing the search warrant when it ordered the return of the seized items specified in FGT's motion.

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