BURGOS V. CHIEF OF STAFF G.R. No. L-64261 December 26, 1984
FACTS:
l The "Metropolitan Mail" and "We Forum” newspapers were searched and its office and printing machines, equipment, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the said newspapers, as well as numerous papers, documents, books and other written literature alleged to be in the possession and control of petitioner Jose Burgos, Jr. publisher-editor of the "We Forum" newspaper, were seized based on the strength of the two [2] search warrants issued by respondent Judge Ernani Cruz-Pano.
l Petitioners averred that the search warrant should be declared illegal because:
1. The judge failed to conduct an examination under oath or affirmation of the applicant and his witnesses, as mandated by the above-quoted constitutional provision as wen as Sec. 4, Rule 126 of the Rules of Court.
2. There are two (2) search warrants issued but pinpointed only one place where petitioner Jose Burgos, Jr. was allegedly keeping and concealing the articles listed.
3. That the articles belonging to his co-petitioners Jose Burgos, Sr., Bayani Soriano and the J. Burgos Media Services, Inc. were seized although the warrants were directed against Jose Burgos, Jr. Alone.
4. That real property was seized under the disputed warrants like machinery, receptacles, instruments, etc.
5. The search warrant was based only on the affidavits of Col. Abadilla’s that they conducted surveillance of the premises could not have provided sufficient basis for the finding of a probable cause.
l Respondents insinuates that petitioners are estopped by laches that they only impugned the search warrant six months later.
ISSUE:
WON there is probable cause for the issuance of the search warrant.
HELD:
l NO. The search warrant is in the nature of general warrants.
l Probable cause for a search is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. And when the search warrant applied for is directed against a newspaper publisher or editor in connection with the publication of subversive materials, as in the case at bar, the application and/or its supporting affidavits must contain a specification, stating with particularity the alleged subversive material he has published or is intending to publish. Mere generalization will not suffice.
l The broad statement in Col. Abadilla's application that petitioner "is in possession or has in his control printing equipment and other paraphernalia, news publications and other documents which were used and are all continuously being used as a means of committing the offense of subversion punishable under Presidential Decree 885, as amended ..." is a mere conclusion of law and does not satisfy the requirements of probable cause. Bereft of such particulars as would justify a finding of the existence of probable cause, said allegation cannot serve as the basis for the issuance of a search warrant and it was a grave error for the respondent judge to have done so.