Case Digest: Prudente vs. Dayrit,180 SCRA 69, 1989

          Unreasonable Search and Seizures; Search Warrant | Constitutional Law


Facts:
P/Major Alladin Dimagmaliw, Chief of the Intelligence Special Action Division (ISAD) of the Western Police District (WPD), filed an application for the issuance of a search warrant for violation of PD No. 1866 against Nemesis E. Prudente at the Regional Trial Court (RTC) of Manila, Branch 33, presided over by respondent Judge Abelardo Dayrit.

The search warrant application alleged that Nemesio Prudente has in his control or possession firearms, explosives handgrenades, and ammunition, which are illegally possessed or intended to be used as the means of committing an offense that he is keeping and concealing at the Polytechnic University of the Philippines, Anonas St. Sta. Mesa, Sampaloc, Manila, specifically in the offices of the Department of Military Science and Tactics, and other rooms at the ground floor, as well as the office of the President, Dr. Nemesio Prudente, and other rooms at the second floor.

In support of the application for the issuance of the search warrant, P/Lt. Florenio C. Angeles, OIC of the Intelligence Section of (ISAD), executed a "Deposition of Witness" and stated that he has personal knowledge that the aforementioned firearms and explosives are kept in the Polytechnic University of the Philippines by Nemesio Prudente, the President of the university.

On the same day, 31 October 1987, respondent Judge Abelardo Dayrit issued Search Warrant No. 87-14.

Issue:
WoN the search warrant issued by respondent Judge Abelardo Dayrit is valid on the grounds that:
1. The complainant's lone witness, Lt. Florenio C. Angeles, had no personal knowledge of the facts which formed the basis for the issuance of the search warrant;
2. It failed to particularly describe the place to be searched, contending that there were several rooms at the ground floor and the second floor of the PUP.

Held:
1. While it is true that in his application for search warrant, applicant P/Major Dimagmaliw stated that he verified the information he had earlier received that petitioner had in his possession and custody the t there is nothing in the record to show or indicate how and when said applicant verified the earlier information acquired by him as to justify his conclusion that he found such information to be a fact. He might have clarified this point if there had been searching questions and answers, but there were none. In fact, the records yield no questions and answers, whether searching or not, vis-a-vis the said applicant.

P/Lt. Angeles, as the only support to P/Major Dimagmaliw's application, and the said deposition is based on hearsay. For, it avers that they (presumably, the police authorities) had conducted continuous surveillance for several days of the suspected premises and, as a result thereof, they "gathered information from verified sources" that the holders of the subject firearms and explosives are not licensed to possess them. Tested by the standard, the allegations of the witness, P/Lt. Angeles, in his deposition, do not come up to the level of facts of his personal knowledge so much so that he cannot be held liable for perjury for such allegations in causing the issuance of the questioned search warrant.

Manifestly, in the case at bar, the evidence failed to show the existence of probable cause to justify the issuance of the search warrant. The Court also notes post facto that the search in question yielded, no armalites, handguns, pistols, assorted weapons or ammunitions as stated in the application for search warrant, the supporting deposition, and the search warrant the supporting hand grenades were itself Only three (3) live fragmentation found in the searched premises of the PUP, according to the affidavit of an alleged member of the searching party.

2. The rule is, that a description of a place to be searched is sufficient if the officer with the warrant can, with reasonable effort, ascertain and Identify the place intended. In the case at bar, the application for search warrant and the search warrant itself described the place to be searched as the premises of the Polytechnic University of the Philippines, located at Anonas St., Sta. Mesa, Sampaloc, Manila more particularly, the offices of the Department of Military Science and Tactics at the ground floor, and the Office of the President, Dr. Nemesio Prudente, at PUP, Second Floor and other rooms at the second floor. The designation of the places to be searched sufficiently complied with the constitutional injunction that a search warrant must particularly describe the place to be searched, even if there were several rooms at the ground floor and second floor of the PUP.


Recit Version

Facts:  
P/Major Alladin Dimagmaliw filed an application for a search warrant against Nemesio Prudente, alleging that Prudente illegally possessed firearms, explosives, and ammunition at the Polytechnic University of the Philippines. 
P/Lt. Florenio C. Angeles executed a "Deposition of Witness" in support of the application and claimed to have personal knowledge of Prudente's possession of the illegal items. 
On the same day, Judge Abelardo Dayrit issued Search Warrant No. 87-14.
Issue:  
WoN the search warrant issued by respondent Judge Abelardo Dayrit is valid on the grounds that: 
1. The complainant's lone witness, Lt. Florenio C. Angeles, had no personal knowledge of the facts which formed the basis for the issuance of the search warrant; 
2. It failed to particularly describe the place to be searched, contending that there were several rooms at the ground floor and the second floor of the PUP.
Held: 
1.  The issuance of the search warrant was invalid due to the failure of the applicant to establish probable cause and verify the information on the alleged possession of firearms and explosives. The supporting deposition was also based on hearsay and lacked personal knowledge. Furthermore, the search did not yield the items listed in the application for the warrant, and only three live fragmentation hand grenades were found.
2. The description of the place to be searched in the application for search warrant and the search warrant itself was sufficient as long as the officer with the warrant can identify the place intended with reasonable effort. In this case, the description of the place to be searched, complied with the constitutional requirement that a search warrant must particularly describe the place to be searched, even if there were several rooms at the ground floor and second floor of the PUP.

 

 


Popular posts from this blog

Election Laws: Requirements Before Election

REQUIREMENTS BEFORE ELECTION A. Registration Registration of Voters The right of a citizen to vote is necessarily conditioned upon certain procedural requirements he must undergo, among others, the process of registration. Registration regulates the exercise of the right of suffrage .  It is not a qualification for such right.  R.A. No. 8189, the Voter's Registration Act of 1996 (approved June 11, 1996) : Sec. 2. Declaration of Policy. It is the policy of the State to systematize the present method of registration in order to establish a clean, complete, permanent and updated list of voters. Sec. 3. Definition of Terms. – As used in this Act: Registration refers to the act of accomplishing and filing of a sworn application for registration by a qualified voter before the election officer of the city or municipality wherein he resides and including the same in the book of registered voters upon approval by the Election Registration Board; Registration Record refers to an ...
Read more

Case Digest: Manila Prince Hotel v. GSIS, GR. No. 122156, February 3, 1997

Political Law Review | Self-executing Provisions, Doctrine of Constitutional Supremacy The GSIS decided to privatize the Manila Hotel by selling 51% of its shares to a qualified bidder through public bidding. In the bidding, the Manila Prince Hotel Corporation (MPHC) offered ₱41.58 per share, which was ₱0.58 higher than the ₱41.00 per share offered by a Malaysian firm, Renong Berhad. Despite MPHC being a Filipino-owned corporation and having a higher bid, the GSIS awarded the sale to the Malaysian firm, citing that MPHC failed to match the terms of payment required. MPHC filed a petition, invoking Section 10, second paragraph, Article XII of the 1987 Constitution, which states: “ In the grant of rights, privileges, and concessions covering the national economy and patrimony, the State shall give preference to qualified Filipinos .” MPHC argued that the provision is self-executing and GSIS was bound to apply it without need for an enabling law. Whether Section 10, Article XII of the 19...
Read more

Equality and Human Rights: The United Nations and Human Rights System (September 16, 2023)

Sovereign Equality of States/Principle of sovereign equality UN Charter of 1945 All states are equal before international law no matter the size of their territory, population, economy or military. All states have equal rights and duties under international law, and that no state has the right to interfere in the internal affairs of another state. Positive Consequences: All states have a voice in international affairs .   All states have the opportunity to participate in international organizations and to negotiate and conclude treaties. This helps to ensure that the interests of all states are represented in the development of international law and policy. No state has the right to interfere in the internal affairs of another state.  This helps to protect the sovereignty of all states and to prevent the use of force or coercion to achieve political objectives. States have the right to develop their own political, economic, and social systems without interference from othe...
Read more