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Case Digest: Corro v. Lising

 

Corro v. Lising

Facts:

The search warrant was issued on September 29, 1983 (when)

The Philippine Times office (where)

RTC Judge Esteban Lising – issued warrant (who); Lt. Col. Berlin Castillo – PC CSI filed warrant (who)

Printed copies; drafts for publication; newspaper dummies; subversive docs, articles, handbills, leaflets, banners, printed matters; machines – typewriter, duplicating, mimeographing, tape recording, video, tapes (what were seized)

Sedition - indirect act of treason; Art 142 Revised Penal Code (why)

Issues: Whether or not the search warrant was valid

 

Held: No. Search warrants authorizing the return of books and accounts “showing all business transactions” of certain persons, regardless of whether legal or otherwise, contravenes the Bill of Rights. Things to be seized should be particularly described.

 

Decisions/ruling: Search warrant No. Q-00002 issued by respondent judge was declared null and void and accordingly set aside.

 

Principles/grounds: ON WHAT GROUNDS? Validity of search warrant

 

General Warrant – things to be seized must be particularly described (Bill of Rights). Search warrants authorizing seizure of all business transactions contravene bill of rights comment (Stonehill vs. Diokno).

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