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FACTS:
A search warrant
was issued
authorizing the
Shop. Choose. Redeem.
search and seizure BDO Unibank
of an
For a minimum spend of P3,000 on
“undetermined straight/installment or P20,000 on
quantity” of shabu installment.
and its
paraphernalia in
the premises of
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appellant’s house.
An entrapment
was planned that led to the arrest of del Rosario and to the
seizure of the shabu, its paraphernalia’s and of a .22 caliber
pistol with 3 live ammunition.
ISSUE(S):
Whether or not the seizure of the rearms was proper.
HELD:
NO. The raiding party was authorized to seize only shabu and
paraphernalia for the use thereof and no other. A search
warrant is not a sweeping authority empowering a raiding
party to undertake a shing expedition to seize and con scate
any and all kinds of evidence or articles relating to a crime. The
del rosario search warrant was no authority for the police o cers to seize
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Find! the rearm which was not mentioned, much less described
with particularly, in the search warrant.
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R E C E N T P O S T S
People of the Philippines v Jean Arnault; G.R. No. L-4288; 20 Nov 1952; 092 Phil 252
CIR v Philippine Daily Inquirer, Inc.; G.R. No. 213943; 22 Mar 2017
CIR v Philippine Global Communication, Inc.; G.R. No. 167146; 31 Oct 2006
University Physicians Services, Inc. v CIR; G.R. No. 205955; 07 Mar 2018
CIR v Kudos Metal Corp.; G.R. No. 178087; 05 May 2010
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del rosario
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