People vs. Tiu Won Chua [G.R. No.

149878, July 1, 2003]

Facts:

Accused Tiu Won Chua a.k.a. Timothy Tiu and Qui Yaling y Chua a.k.a. Sun Tee
Sy y Chua were charged and convicted by the lower court for violation of Section
16, Article III of the dangerous drug act of 1972, for their illegal possession of a
regulated drug, shabu. They appealed the decision of the lower court questioning
the legality of the search warrant and the search and arrest conducted pursuant
thereto, and the correctness of the judgment of conviction imposed by the RTC.
Accused contends that the defect in the issuance of the search warrant, for it was
issued in the name of Timothy Tiu and did not include appellant Qui Yaling, would
make the search conducted and consequently, the arrest, illegal. That the evidence
presented cannot be serve as basis for their conviction being fruits of an illegal
search.

Issue: Whether or not there was a valid search warrant

Ruling:

There are only four requisites for a valid warrant, i.e,: (1) it must be issued
upon "probable cause"; (2) probable cause must be determined personally by the
judge; (3) such judge must examine under oath or affirmation the complainant and
the witnesses he may produce; and (4) the warrant must particularly describe the
place to be searched and the persons or things to be seized. A mistake in the name
of the person to be searched does not invalidate the warrant, especially since in this
case, the authorities had personal knowledge of the drug-related activities of the
accused by virtue of the surveillance and test-buy operations of the said authorities.
In fact, a "John Doe" warrant satisfies the requirements so long as it contains a
descriptio personae such as will enable the officer to identify the accused.
Moreover, a mistake in the identification of the owner of the place does not
invalidate the warrant provided the place to be searched is properly described.
However, the court affirms the illegality of the search conducted on the car for it
was not part of the description of the place to be searched mentioned in the warrant