Case Digest: People vs. Dichoso, G.R. No. 101216-18, June 4, 1993

     Unreasonable Search and Seizures | Constitutional Law


Facts:

On February 22, 1991, the Narcotics Command of the 4th Regional Unit filed a search warrant application on the house of spouses Redentor and Sonia Dichoso. After questioning, the court found probable cause, and Search Warrant No. 028 was issued.

On February 23, 1991, a team of Narcom agents led by T/Sgt. Iluminado Evangelista served a search warrant on the residence of Redentor Dichoso and Sonia Dichoso at Farconville Subd., Phase II, San Pablo City. The team discovered suspected shabu and marijuana inside a nipa house on the property, as well as a notebook containing a list of suspected customers of dangerous and regulated drugs. The search was shifted to the main house of the Dichosos, but produced negative results. 


Issue:

WoN Search Warrant No. 028, obtained and executed by the NARCOM agents, is a general warrant because it was issued for "Violation of RA 6425 known as the Dangerous Drugs Act of 1972 as amended" and did not specify the particular offense which he violated under the said law.


Held:

It is clear that the search warrant cannot be assailed as a general search warrant because while it is for "Violation of RA 6425 known as the ‘Dangerous Drugs Act of 1992 as amended," the body thereof, which is controlling, particularizes the place to be searched and the things to be seized, and specifies the offense involved, viz., illegal possession of marijuana and shabu and paraphernalia in connection therewith. 

The Dangerous Drugs Act of 1972 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 of species. Accordingly, one (1) search warrant may thus be validly issued for the said violations of the Dangerous Drugs Act. Since Search Warrant No. 028 is valid, the articles seized by virtue of its execution may be admitted in evidence.

This so-called warrant rule — that only those listed in the search warrant may be seized — is not without exceptions. Among such exceptions is the plain view doctrine. The view of the appellant that the search was illegal and the articles seized thereby cannot be used against him in evidence since he does not own the nipa house searched or the lot wherein it was built, is unmeritorious. It is not necessary that the property to be searched or seized should be owned by the person against whom the search warrant is issued; it is sufficient that the property is under his control or possession


Recit Version

Facts:

A search warrant application was filed by the Narcotics Command to search the house of Redentor and Sonia Dichoso. The court granted Search Warrant No. 028 the following day. 

A team of Narcom agents led by T/Sgt. Iluminado Evangelista executed the search warrant on the Dichoso residence and found suspected shabu and marijuana in a nipa house on the property. They also found a notebook containing a list of suspected customers of dangerous and regulated drugs. The search was then extended to the main house but did not yield any positive results.

Issue:

WoN Search Warrant No. 028, obtained and executed by the NARCOM agents, is a general warrant because it was issued for "Violation of RA 6425 known as the Dangerous Drugs Act of 1972 as amended" and did not specify the particular offense which he violated under the said law.

Held:

The search warrant for the house of Redentor and Sonia Dichoso is valid since it particularizes the place to be searched and the things to be seized, and specifies the offense involved. The Dangerous Drugs Act is a special law that deals specifically with dangerous drugs, so one search warrant may be validly issued for said violations. The articles seized by virtue of the execution of the search warrant may be admitted in evidence. The plain view doctrine is an exception to the warrant rule, and it is not necessary for the property to be searched or seized to be owned by the person against whom the warrant is issued, as long as it is under their control or possession.

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