PEOPLE VS ROSARIO Y LOPEZ

THE PEOPLE OF THE PHILIPPINES vs. NORMANDO DEL ROSARIO Y LOPEZ

G.R. No. 109633        July 20, 1994

Facts:
            Del Rosario was charged with illegal possession of firearms and ammutions and illegal sale of regulated drugs
            Upon application of SPO3 Raymundo Untiveros of PNP Cavite, before RTC 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. However, the search warrant was not implemented immediately due to lack of police personnel to form the raiding team.
            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

Ruling:
            The Supreme Court held that the accused cannot be convicted of the illegal possession of firearms and ammunitions. The search warrant implemented by the raiding party authorized only the search and seizure of the described quantity of shabu and paraphernalia.
            A search warrant is not a sweeping authority empowering a raiding party to undertake a fishing expedition to seize and confiscate any and all kinds of evidence or articles relating to a crime. The constitution itself and the Rules of Court specifically mandate that the search warrant must particularly describe the things to be seized. Thus, the search warrant was no authority for the police officers to seize the firearms which was not mentioned, much less described with particularity, in the search warrant.

            Neither may it maintain that the gun was seized in the course of an arrest, for as earlier observed, accused arrest was far from regular and legal. Aid firearm, having been illegally seized, the same is not admissible in evidence. 

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