Burgos

vs.
The Chief of Staff
G.R. No. L-64261
December 26, 1984
 • Issuance of two search
Gist of the warrants in gross violation of
case the Constitution, and the
conduct of malicious search and
seizure by reason thereof.

2
 • Two search warrants were issued
against the petitioners.
• The petitioners’ business addresses for
"Metropolitan Mail" and "We Forum"
Facts newspapers in Quezon City were
searched.
• Their printing machines, equipment,
motor vehicles and other articles used
in the printing were seized.
3
 • The two search warrants pinpointed
to only one place where Jose
Burgos, Jr. was allegedly keeping
Facts and concealing the materials and
articles used in subversive
activities.
• The petitioners sought the return of
the seized articles. 4
 • The respondents said that the petition
should be dismissed because the
petitioners should have filed a motion
to quash said warrants in the court that
Facts issued them.
• They contended that the petition was
already barred by laches because it
was only filed after more than six
months since the search warrants were
issued. 5
 • Petitioners said that they exhausted
other remedies first.

Facts • After several months of waiting for

nothing, they finally decided to go to
court.

6
 • Whether or not the search warrants
Issue were validly issued based on the
existence of probable cause.
.

7
 • No. The search warrant was too
general.
Ruling
• The application for search warrant
and the supporting affidavits did not
state with particularity the alleged
subversive material he published.

8
 • No sufficient basis for probable cause.

• The search warrants were declared null

Ruling and void.

• The Court ordered the returned of the

seized articles to the petitioner.

9
 • Article IV, Section 3 of the 1973 Constitution
which provides:
Basis of the
SC in its SEC. 3. ... and no search warrant or warrant of
arrest shall issue except upon probable cause
ruling to be determined by the judge, or such other
responsible officer as may be authorized by
law, after examination under oath or
affirmation of the complainant and the
witnesses he may produce, and particularly
describing the place to be searched and the
persons or things to be seized. 10
 • It is an order in writing issued
What is a by a judge, directing a peace
search officer to search for personal
warrant? property described therein and
bring it before the court.

11
 • Probable cause in connection
Requisites for with one specific offense,
issuing
• To be determined personally by
search the judge,
warrant
• After examination under oath or
affirmation of the complainant
and the witnesses he may
produce, 12
 • And particularly describing the
Requisites for
place to be searched and the
issuing
things to be searched.
search
Sec. 4, Rule 126, Revised Rules of
warrant
Criminal Procedure)

13
 • Such facts and circumstances
which would lead a reasonably
What is
discreet and prudent man to
probable believe that an offense has been
cause? committed and that the objects
sought in connection with the
offense are in the place sought to
be searched. 14
 1 Right to be secure against
unreasonable searches and
Rights seizures
violated
2 Freedom of the Press

15
Thank you!

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