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People VS Estrada

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401. People vs.

Estrada 296 SCRA 383 (1998) FACTS:

On June 27, 1995, Atty. Lorna Frances F. Cabanlas, Chief of the Legal,
Information and Compliance Division (LICD) of the Bureau of Food and Drugs
(BFAD), filed with the Regional
Trial Court of Quezon City, Branch 83, an application for the issuance of a search
warrant against Aiden Lanuza of 516 San Jose de la Montana Street, Mabolo,
Cebu City, for violation of Article 40 (k) of Republic Act 7394 (The Consumer Act
of the Philippines).
The application, however, ended with the statement that the warrant is to search
the premises of another person at a different address.
The BFAD also submitted with the application a copy of the sketch of the location
of Aiden Lanuzas residence at her stated address.
The present petition, however, narrates a different account of what actually
happened during the implementation of the search warrant. Paragraph 5 of the
petition states: At the commencement of the search, the members of the team
discovered that the premises described as 516 San Jose de la Montana St.,
Mabolo, Cebu City was actually a five thousand (5,000) square meter compound
containing at least fifteen (15) structures which are either leased residences,
offices, factories, workshops or warehouse.
On August 22, 1995, private respondent Aiden Lanuza filed a verified motion.
The motion is based on the grounds that the search warrant is illegal and null
and void because its implementation was unreasonable as it was enforced on a
different or wrong place which was lawfully occupied by a different or wrong
person.
Accordingly, the order dated July 3, 1995 was revoked and all the articles seized
were declared inadmissible in any and all proceedings against private respondent
Aiden Lanuza.
Petitioner's filed a motion for reconsideration.
Respondent Aiden Lanuza later filed her comment18 on the petition, but
petitioner's reply thereto was not admitted by this Court in a resolution19 dated
January 13, 1997, for failure by the Solicitor General to file the same within his
first extension of thirty (30) days, that was granted, but with a warning that no
further extension would be given.

ISSUE: WON, the application of search warrant was violatative of the


constitutional requirement. (Yes)
RULING:
The description of the place to be searched is too general and does not pinpoint
the specific house of private respondent. Thus, the inadequacy of the description
of the residence of private respondent sought to be searched has characterized
the questioned search warrant as a general warrant, which is violative of the
constitutional requirement.
The place sought to be searched had not been described with sufficient
particularity in the questioned search warrant, considering that private
respondent Aiden Lanuza's residence is actually located at Lot No. 41, 516 San
Jose de la Montana St., Mabolo, Cebu City, while the drugs sought to be seized
were found in a warehouse at LotNo. 38 within the same compound. The said
warehouse is owned by a different person.
Hence, the petition is hereby DENIED. The Temporary Restraining Order issued
in a resolution dated June 26, 1996 is hereby LIFTED.

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