Case Summary (G.R. No. 153087)
Sufficiency of Description in the Warrant
Although the warrant misnamed petitioner as “Romulo” instead of “Bernard,” the inclusion of “alias Lolong Nala” and the precise residence address in Purok 4, Poblacion, Kitaotao, Bukidnon, enabled officers to identify and locate him without difficulty. A warrant against a misnamed but otherwise clearly described individual is not void for that reason alone.
Elements of Probable Cause for Firearms Offense
Illegal possession of firearms requires facts demonstrating both possession of the weapon and lack of a valid license. The applicant and witness must testify from personal knowledge and, where appropriate, present a “no-license” certification from the Firearms and Explosives Office.
Deficiencies in the Probable Cause Determination
Neither PO3 Alcoser nor Ruel Nalagon averred personal knowledge of petitioner’s lack of license; their statements reflected belief, not factual verification. No certification from the Firearms and Explosives Office was attached. The examining judge failed to conduct an exhaustive inquiry into the licensing issue and did not clarify inconsistencies regarding the nature and timing of the surveillance operations.
Void Warrant and Illegality of the Search
The absence of a proper finding of probable cause rendered Search and Seizure Warrant No. 30-01 void. Entry and seizure under a void warrant equate to a warrantless search, tainting all items seized as fruits of the poisonous tree.
Admissibility of Seized Items
Because the warrant was void, prohibited articles (firearms, ammunition, grenade, barrel) seized thereby are inadmissible in any proceeding. The plain-view doctrine does not apply, as officers had no lawful right to be on the premises and did not prove inadverte
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Facts of the Case
- On June 25, 2001, PO3 Macrino L. Alcoser applied for Search and Seizure Warrant No. 30-01 against “Romulo Nala alias Lolong Nala” (petitioner Bernard R. Nala) of Purok 4, Poblacion, Kitaotao, Bukidnon, for alleged illegal possession of a .22 magnum and a 9 mm pistol under RA 8294/PD 1866.
- The RTC, Branch 10, Malaybalay City, after a brief examination of Alcoser and his civilian witness Ruel Nalagon, issued the warrant on the same day.
- On July 4, 2001, police executed the warrant at petitioner’s residence, seizing:
- One .38 snub-nose revolver (SN 1125609) with live ammunition
- One fragmentation grenade (cacao type)
- One long-barrel .22 pistol
- Four disposable lighters and numerous cellophane wrappers (allegedly for shabu)
- Criminal Cases Nos. 10943-2001-P and 10944-2001-P for illegal possession of firearms and explosives were filed on July 5, 2001 before the Municipal Circuit Trial Court of Kitaotao.
Procedural History
- August 8, 2001: Petitioner filed an Omnibus Motion to Quash the warrant, exclude seized items, and return an air rifle.
- October 18, 2001: RTC Branch 10 denied the motion except to order return of the air rifle, holding that:
- Probable cause was established by Nalagon’s deposition and Alcoser’s testimony.
- Misnaming the first name (“Romulo” vs. “Bernard”) did not invalidate the warrant.
- Seized items bore direct relation to the offense even if not identical to those in the warrant.
- February 15, 2002: Motion for reconsideration denied.
- Petitioner filed a Rule 65 certiorari petition directly with the Supreme Court, challenging the RTC orders as grave abuse of discretion.
Issues Presented
- Whether the warrant sufficiently described and identified the petitioner despite the erroneous first name.
- Whether there was probable cause for issuance of the search warrant.
- Whether the firearms and explosive seized could be admitted as evidence though not specifically listed in the warrant.
Applicable Legal Standards
- Constitution, Art.
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