Title
Burgos, Sr. vs. Chief of Staff
Case
G.R. No. 64261
Decision Date
Dec 26, 1984
Search warrants issued against newspapers deemed invalid due to lack of probable cause, specificity, and unconstitutional prior restraint on press freedom.

Case Digest (G.R. No. 64261)
Expanded Legal Reasoning Model

Facts:

  • Issuance of Search Warrants
    • On December 7, 1982, Judge Ernani Cruz-Pano of the CFI of Rizal (Quezon City) issued two warrants.
    • Targets: premises of “Metropolitan Mail” at No. 19, Road 3, Project 6 and “We Forum” at 784 Units C & D, RMS Building, Quezon Avenue.
  • Execution and Seizure
    • Seized items: printing machines, equipment, paper, ink, typewriters, photo and recording devices, office furniture, motor vehicles, documents and publications alleged to be “subversive.”
    • Premises padlocked and sealed, halting publication of both newspapers.
  • Post-Seizure Proceedings
    • Petitioners filed on June 16, 1983 a petition for certiorari, prohibition, mandamus and preliminary mandatory injunction for return of seized articles.
    • Respondents opposed on procedural grounds (failure to quash, laches, estoppel), but agreed not to use seized items as evidence pending resolution.

Issues:

  • Procedural Questions
    • Whether the petition should be dismissed for failure to move to quash the warrants in the issuing court.
    • Applicability of laches and estoppel arguments.
  • Substantive Questions
    • Whether the judge complied with the Constitution and Rule 126 in examining the complainant and witnesses under oath.
    • Whether the warrants described the places and items to be seized with particularity.
    • Whether the affidavits established probable cause with specific facts.
    • Whether the seized machinery became immovable property and thus beyond the scope of a search warrant.
    • Whether the warrants amounted to forbidden “general warrants.”
    • Whether sealing the presses constituted an unconstitutional prior restraint on the press.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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