Tuozo, Lourdes Clouie D,

People v del Rosario G.R. No. 109633 July 20, 1994

Facts

Normando Del Rosario was charged with illegal possession of firearms and ammutions
and illegal sale of regulated drugs. SPO3 Raymundo Untiveros of the Philippine National Police
(PNP) filed an application for a search warrant before the Regional Trial Court. Judge Arturo de
Guia issued a search warrant authorizing the search and seizure of an undetermined quantity of
methamphetamine hydrochloride commonly known as shabu and its paraphernalia” in the
premises of appellant’s house. In the course of the search they found a black canister containing
shabu, an aluminum foil, a plastic .22 caliber, three set of ammunitions and three wallets
containing the marked money.
Issue
Whether or not there is a violation of the constitutional right against unreasonable search and
seizure.
Held
Yes. There is a violation.
Ruling
The search warrant stated the seizure of methamphetamine and paraphernalia only. Article III
section 2 provides that the search warrant must describe the things that will be seized. The
raiding team seized the drugs and paraphernalia together with the .22 caliber even though the
search warrant did not provide for the seizure of the firearm. Hence, del Rosario cannot be
convicted of illegal possession of firearms, and was acquitted from this conviction.