CRIMINAL PROCEDURE | CORRO V. LISING, G.R. NO. L-69899, 15 JULY 1985

CORRO V. LISING,

G.R. NO. L-69899, 15 JULY 1985

 

TOPIC/DOCTRINE

Application for search warrant must state with particularity the alleged subversive materials published or intended to be published by the petitioner publisher and editor of the Philippine Times. Mere generalization will not suffice.

 

FACTS

Respondent judge issued a search warrant authorizing the search and seizure of printed copies of Philippine Times; manuscripts/drafts of articles for publication in the Philippine Times; newspaper dummies of the Philippine Times; subversive documents, articles, printed matters, handbills, leaflets, banners; typewriters,duplicating machines, mimeographing and tape recording machines, video machines and tapes which have been used and are being used as instrument and means of committing the crime of inciting to sedition.

 

ISSUE

Whether or not there was sufficient probable cause for the issuance of a search warrant.

 

RULING

NO

The court ruled that application for search warrant must state with particularity the alleged subversive materials published or intended to be published by the petitioner publisher and editor of the Philippine Times. Mere generalization will not suffice. The statements of private respondents Col. Castillo and Lt. Ignacio in their affidavits are mere conclusions of law and will not satisfy the requirements of probable cause.







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