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 Summary (G.R. No. 64261)

Relief Sought and Interim Manifestations

Petitioners sought: (a) annulment of the warrants; (b) return of seized property via mandatory injunction; (c) prohibition against use of seized materials in Criminal Case Q-022782 (“People vs. Jose Burgos, Jr. et al.”). At a hearing, respondents agreed not to use the materials until the warrants’ legality was resolved, rendering the prohibitory injunction moot.

Rule on Quashal and Court’s Inherent Power

Respondents argued that petitioners should have first moved to quash the warrants in the issuing court. The Supreme Court, however, invoked its inherent power to suspend procedural rules given the urgency of constitutional issues and public interest, citing precedent that allows exception when justice so requires.

Defense of Laches and Extrajudicial Efforts

Respondents raised laches, noting a six-month delay in filing. Petitioners explained they first pursued extrajudicial remedies, including a letter to the President and representations through military channels, hoping for the return of presses. The Court found these efforts demonstrated due diligence and negated abandonment of rights, thus rejecting laches.

Estoppel Argument Rejected

Respondents claimed Jose Burgos, Jr. was estopped from contesting the warrants after using some seized documents in another criminal case. The Court held that lawful ownership permitted him to use his property, and such use did not validate an otherwise invalid warrant.

Examination Under Oath and Mootness of Technical Objection

Petitioners alleged the issuing judge failed to examine the applicant and witnesses under oath as required by Rule 126, Sec. 4. At hearing, petitioners conceded that such examination did occur, rendering the objection moot.

Particularity of Premises Described

A typographical error in one warrant referenced only the Road 3 address, despite seeking two distinct locations. The Court deemed the ambiguity apparent and resolved by reference to the application and the executing officer’s knowledge, satisfying particularity requirements for premises.

Seizure of Third-Party Property

Petitioners argued that property belonging to co-petitioners was improperly seized under warrants directed at Jose Burgos, Jr. The Court cited Rule 126, Sec. 2(b), holding that ownership is immaterial so long as the targeted person has control or possession of property used in the offense.

Movable vs. Immovable Property

Petitioners contended that bolted machinery constituted immovable property and thus could not be seized. The Court applied Civil Code Article 415(5) and Davao Sawmill Co. v. Castillo, finding that machinery placed by a tenant or licensee remains movable and subject to seizure.

Probable Cause Deficiencies

Under Section 3, Article IV of the 1973 Constitution, warrants require a judge’s determination of probable cause after examination under oath and description of place and things. The application and affidavits merely concluded that equipment and documents were “used” for subversion without specifying particular materials or personal knowledge of facts, rendering the probable-cause finding legally insufficient.

General Warrant Doctrine

The warrants authorized broad seizure of “subversive documen

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