FIRST DIVISION and other proceeds or fruits of an offense; and c) used or intended Insisting that he was entitled to the

used or intended Insisting that he was entitled to the commission, Orbeta filed a
to be used as a means of committing an offense. complaint against Escandor with the Ministry of Labor. The Labor
[G.R. No. 66541. November 20, 1990.] Arbiter agreed with him and rendered judgment in his favor, on
4. ID.; ID.; ID.;SEIZURE OF INCRIMINATING ARTICLES, August 26, 1982. That judgment was affirmed by the National Labor
GUARDEX ENTERPRISES and/or MARCELINA A. CANNOT VALIDATE AN INVALID WARRANT. — No matter how Relations Commission on December 29, 1983, on appeal taken by
ESCANDOR, Petitioners, v. NATIONAL LABOR RELATIONS incriminating the articles taken from the petitioner may be, their Escandor. 2 Hence, this petition for certiorari, to annul those
COMMISSION and JUMBEE ORBETA, Respondents. seizure cannot validate an invalid warrant. Again, in the case of judgments as having been rendered with grave abuse of discretion
Mata v. Bayona, G.R. No. 50720, March 26, 1984, 128 SCRA 388: if not indeed without or in excess of jurisdiction.
Rogelio B. De Guzman, for Petitioners. ". . . that nothing can justify the issuance of the search warrant but
the fulfillment of the legal requisites. It might be well to point out It is claimed that an implied agency had been created between
Vicente R. Guzman for Private Respondent. what has been said in Asian Surety & Insurance Co., Inc. v. Escandor and Orbeta on the basis of the following
Herrera: ‘It has been said that of all the rights of a citizen, few are of circumstances:chanrobles virtual lawlibrary
SYLLABUS greater importance or more essential to his peace and happiness
than the right of personal security, and that involves the exemption 1) the alleged verbal authority given to him to offer a fire truck to
of his private affairs, books and papers from inspection and scrutiny Rubberworld;
1. REMEDIAL LAW; CRIMINAL PROCEDURE; SEARCH of others. While the power to search and seize is necessary to the
WARRANT; PROBABLE CAUSE; DEFINITION AND REQUISITES public welfare, still it must be exercised and the law enforced 2) the alleged written authority to sell the truck contained in a letter
THEREOF. — The right against unreasonable searches and without transgressing the constitutional rights of the citizens, for the of Escandor’s dated August 14, 1978;
seizures is guaranteed under Article III (Bill of Rights), Section 2 of enforcement of no statute is of sufficient importance to justify
the 1987 Constitution of the Philippines. Under this provision, the indifference to the basic principles of government." "Thus, in issuing 3) Escandor’s having given Orbeta P250.00 as representation
issuance of a search warrant is justified only upon a finding of a search warrant the Judge must strictly comply with the expenses; and
probable cause. Probable cause for a search has been defined as requirements of the Constitution and the statutory provisions. A
such facts and circumstances which would lead a reasonably liberal construction should be given in favor of the individual to 4) Orbeta’s submission of a price quotation to Rubberworld and his
discreet and prudent man to believe that an offense has been prevent stealthy encroachment upon, or gradual depreciation of the having arranged a meeting between Escandor and Rubberworld’s
committed and that the objects sought in connection with the rights secured by the Constitution. No presumption of regularity are Purchasing Manager.
offense are in the place sought to be searched (Burgos, Sr. v. Chief to be invoked in aid of the process when an officer undertakes to
of Staff, G.R. No. 64261, Dec. 26, 1984, 133 SCRA 800). In justify it." The circumstances have not been correctly read by Orbeta and his
determining the existence of probable cause, it is required that: 1) co-respondents.
the judge (or) officer must examine the . . witnesses personally; 2) D E C I S I O N
the examination must be under oath; and (3) the examination must Escandor denies that she had ever given Orbeta any such verbal
be reduced to writing in the form of searching questions and authority. Indeed, months prior to Orbeta’s approaching Escandor,
answers (Marinas v. Sioco, 104 SCRA 403, Ponsica v. Ignalaga, NARVASA, J.: the latter had already made a written offer of a fire truck to
G.R. No. 72301, July 31, 1987, 152 SCRA 647). These Rubberworld. All that she consented to was for Orbeta to "follow up"
requirements are provided under Section 4, Rule 126 of the New that pending offer. In truth, it does not even appear that on the
Rules of Criminal Procedure. A claim for alleged unpaid commissions of an agent is what is strength of this "arrangement" — vague as it was — Orbeta
basically involved in the action at bar. Somehow, it twice escaped undertook the promised follow-up at all. He reported nothing of his
2. ID.; ID.; ID.; ID.; FINDING OR OPINION THEREOF BY THE outright rejection for lack of jurisdiction in the Department of Labor efforts or their fruits to Escandor. It was Escandor who, in the
EXAMINING JUDGE, MUST BE SUPPORTED BY THE RECORD; where the case was resolved at the first instance and on appeal. months that followed her initial meeting with Orbeta, determinedly
NOT OBSERVED IN THE CASE AT BAR. — It has been ruled that Both the Labor Arbiter and the National Labor Relations pushed the Rubberworld deal. Orbeta was simply nowhere to be
the existence of probable cause depends to a large degree upon Commission appeared unaware of the utter lack of labor-related found. Furthermore, it seems fairly evident that the "representation
the finding or opinion of the judge conducting the examination issues in the parties’ conflicting contentions as to the existence of allowance" of P250 was meant to cover the expenses for the
(Luna v. Plaza, G.R. No. L-27511, Nov. 29, 1968), however, the agency relations between them, and proceeded to decide the case. "follow-up" offered by Orbeta — an ambiguous fact which does not
opinion or finding of probable cause must, to a certain degree, be Neither of them of course had competence to do so. Be that as it of itself suggest the creation of an agency and is not at all
substantiated or supported by the record. In this case, We find that may, the instant petition for certiorari will be decided on its merits to inconsistent with the theory of its absence in this case.
the requirement mandated by the law and the rules that the judge the end that the controversy may now be laid to rest without further
must personally examine the applicant and his witnesses in the proceedings.chanrobles virtual lawlibrary Even a finding that under these circumstances, an agency had
form of searching questions and answers before issuing the indeed been constituted will not save the day for Orbeta, because
warrant, was not sufficiently complied with. The applicant himself The protagonists in this case are:chanrob1es virtual 1aw library nothing in the record tends to prove that he succeeded in carrying
was not asked any searching question by Judge Magallanes. The out its terms or even as much as attempted to do so. The evidence
records disclose that the only part played by the applicant, 1) Marcelina A. Escandor — engaged, under the name and style of in fact clearly indicates otherwise. The terms of Escandor’s letter of
Lieutenant Rojas was to subscribe the application before Judge Guardex Enterprises, in (a) the manufacture and sale of fire-fighting August 14, 1978 — assuming that it was indeed an "authority to
Magallanes. The application contained pre-typed questions, none of equipment such as fire extinguishers, fire hose cabinets and related sell," as Orbeta insists — are to the effect that entitlement to the
which stated that applicant had personal knowledge of a robbery or products, and (b) occasionally, the building or fabrication of fire P15,000 commission is contingent on the purchase by a customer
a theft and that the proceeds thereof are in the possession and trucks; and of a fire truck, the implicit condition being that the agent would earn
control of the person against whom the search warrant was sought the commission if he was instrumental in bringing the sale about.
to be issued. In the case of Roan v. Gonzales, G.R. No. 71410, 2) Jumbee Orbeta — a "freelance" salesman. 1 Orbeta certainly had nothing to do with the sale of the fire truck, and
Nov. 25, 1986, 145 SCRA 687, citing the case of Mata v. Bayona, is not therefore entitled to any commission at all.
G.R. No. 50720, March 26, 1984, 128 SCRA 388, where the It appears that Orbeta somehow learned that Escandor had offered
applicant himself was not subjected to an interrogation but was to fabricate a fire truck for Rubberworld (Phil.) Inc. He wrote to Furthermore, even if Orbeta is considered to have been Escandor’s
questioned only "to ascertain, among others, if he knew and Escandor inquiring about the amount of commission for the sale of agent for the time he was supposed to "follow up" the offer to sell,
understood (his affidavit) and only because the application was not a fire truck. Escandor wrote back on the same day to advise that it such agency would have been deemed revoked upon the
yet subscribed and sworn to," We held that: "It is axiomatic that the was P15,000.00 per unit. Four days later, Orbeta offered to look resumption of direct negotiations between Escandor and
examination must be probing and exhaustive, not merely routinary after (follow-up) Escandor’s pending proposal to sell a fire truck to Rubberworld, Orbeta having in the meantime abandoned all efforts
or pro forma, if the claimed probable cause is to be established. Rubberworld, and asked for P250.00 as representation expenses. (if indeed any were exerted) to secure the deal in Escandor’s
The examining magistrate must not simply rehash the contents of Escandor agreed and gave him the money. behalf.chanrobles law library : red
the affidavit but must make his own inquiry on the intent and
justification of the application."cralaw virtua1aw library When no word was received by Escandor from Orbeta after three It has of course already been stated at the outset that, given the
days, she herself inquired in writing from Rubberworld about her sole issue raised by the parties concededly from the case’s
3. ID.; ID.; ID.; ARTICLES SOUGHT TO BE SEIZED, MUST BE offer of sale of a fire truck. Having apparently received an inception (i.e., whether or not Orbeta is Escandor’s agent as
DESCRIBED WITH PARTICULARITY. — Another infirmity of encouraging response, Escandor sent Rubberworld a revised price regards the sale of a fire truck to Rubberworld), the competence to
Search Warrant No. 181 is its generality. The law requires that the quotation some ten days later. resolve the controversy did not pertain to either the Labor Arbiter or
articles sought to be seized must be described with particularity. the NLRC. The jurisdiction vested in them by the Labor Code
The items listed in the warrant, to wit: "NAPOCOR Galvanized In the meantime, Orbeta sold to other individuals some of extends, generally speaking, only to cases arising from employer-
bolts, grounding motor drive assembly, aluminum wires and other Escandor’s fire extinguishers, receiving traveling expenses in employee relationships.3 What has all along been at issue here, as
NAPOCOR Towers parts and line accessories" are so general that connection therewith as well as the corresponding commissions. He advanced by the parties themselves and as is evident from the
the searching team can practically take half of the business of then dropped out of sight. facts, is the existence of a contract of agency 4 — not employment
Kener Trading, the premises searched. Kener Trading, as alleged or lease of services. It is indeed a puzzle how the fundamental
in petitioner’s petition before respondent Court of Appeals and About seven months afterwards, Escandor herself finally concluded differences between the two 5 altogether escaped not only the
which has not been denied by respondent, is engaged in the a contract with Rubberworld for the latter’s purchase of a fire truck. parties’ counsel in this case but also the tribunals before which it
business of buying and selling scrap metals, second hand spare The transaction was consummated with the delivery of the truck had been brought. Nevertheless, since no one has thought to
parts and accessories and empty bottles. Far more important is that and full payment thereof by Rubberworld. question their authority even up to this late stage, as in fact all the
the items described in the application do not fall under the list of parties appear to have completely accepted the validity of their
personal property which may be seized under Section 2, Rule 126 At this point, Orbeta suddenly reappeared and asked for his exercise of jurisdiction over the case, the Court has opted, as
of the Rules on Criminal Procedure because neither the application commission for the sale of the fire truck to Rubberworld. Escandor already stated, to render judgment on its merits and end the
nor the joint deposition alleged that the item/s sought to be seized refused, saying that he had had nothing to do with the offer, controversy once and for all. 6
were: a) the subject of an offense; b) stolen or embezzled property negotiation and consummation of the sale.
WHEREFORE, the petition for certiorari is GRANTED, and the
judgment of the National Labor Relations Commission dated
December 29, 1983, and that of the Labor Arbiter dated August 26,
1982, are hereby REVERSED and SET ASIDE and another one
rendered dismissing respondent Jumbee Orbeta’s claim for unpaid
commissions.chanrobles virtual lawlibrarySO ORDERED.