TOPIC: Particularity of description

The requirement to diligently review the evidence presented, even when official
certifications or documents are involved, and to avoid relying solely on mandatory
judicial notice without thorough assessment and scrutiny of the facts.

Vicente Del Rosario vs. People of the Philippines

G.R. No. 142295, PARDO, May 31, 2001

Facts:
Petitioner Vicente del Rosario appeals his conviction for illegal possession of
firearms. Search conducted at his residence led to the seizure of several firearms
and ammunition. Del Rosario argues that the search was illegal and that he had a
valid license for the seized firearm. Information filed on June 17, 1996, charging
Del Rosario with illegal possession of firearms. Police received a report that Del
Rosario was in possession of firearms without necessary licenses. Search warrant
obtained and during the search, several firearms and ammunition found in Del
Rosario's residence.

Del Rosario claimed he had a valid license for the .45 caliber pistol seized in his
bedroom and that other seized items were either planted by the police or illegally
seized.

Issue/s:
Whether the search conducted at Del Rosario's residence was legal.

Whether Del Rosario had a license for the .45 caliber firearm and ammunition
seized.

Whether the other seized items were planted by the police or were illegally seized.

Held:
The Supreme Court found the petition impressed with merit. The Court ruled that
the search warrant was valid, but the firearms and items seized which were not
specified in the search warrant could not be admitted as evidence against del
Rosario (Doctrine of the "Fruit of the Poisonous Tree"). The prosecution failed to
prove that del Rosario did not have a license for the .45 caliber firearm, reversing
the findings of the Court of Appeals and acquitting del Rosario.

The Supreme Court emphasized the importance of strict compliance with the
constitutional requirements for the issuance and execution of search warrants to
protect individuals against unreasonable searches and seizures.

WHEREFORE, the Court hereby REVERSES the decision of the Court of Appeals
in CA-G. R. CR No. 22255, promulgated on July 09, 1999.

The Court ACQUITS petitioner Vicente del Rosario y Nicolas of the charge of
violation of P. D. No. 1866, as amended by R. A. No. 8294 (illegal possession of
firearms and ammunition), in Criminal Case No. 800-M-96, Regional Trial Court,
Bulacan, Branch 20, Malolos.

Costs de oficio.

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