G.R. No. L-41863 - People vs. Adil

On June 25, 2001, PO3 Macrino L. Alcoser filed an application before the RTC, Branch 10, Malaybalay City, seeking a search and seizure warrant against “Rumolo Nala alias Long” (erroneously “Romulo Nala alias Lolong Nala” in the issued warrant), residing at Purok 4, Poblacion, Kitaotao, Bukidnon, for alleged illegal possession of a .22 magnum and a 9 mm pistol.
Alcoser presented his own testimony and that of civilian witness Ruel Nalagon, who claimed personal observation of petitioner carrying and firing said weapons, to establish probable cause.
The RTC judge personally examined both witnesses “in the form of searching questions and answers,” then issued Search and Seizure Warrant No. 30-01 the same day.

On July 4, 2001, police executed the warrant at petitioner’s residence, seizing:

Petitioner was charged with illegal possession of firearms, ammunition, and explosives (Criminal Cases Nos. 10943-2001-P and 10944-2001-P).
On August 8, 2001, petitioner filed an Omnibus Motion to Quash the warrant, suppress seized items (except the air rifle), and return the air rifle.
The RTC denied the motion on October 18, 2001, finding probable cause established and identification of petitioner adequate despite the wrong first name; it ordered return only of the air rifle.
A motion for reconsideration was denied on February 15, 2002. Petitioner then filed this Rule 65 certiorari petition before the Supreme Court.

Whether the misnaming of petitioner in the warrant—using “Romulo” or “Rumolo” instead of “Bernard”—invalidates the warrant.
Whether there was legally sufficient probable cause for issuance of Search and Seizure Warrant No. 30-01.
Whether the firearms and explosive seized—none of which were specifically listed in the warrant—are admissible against petitioner.