Burgos, Sr. vs.

Chief of Staff, AFP

G.R. No. L-64261. December 26, 1984.
ESCOLIN, J.

A search warrant in the nature of a general warrant is constitutionally objectionable.

FACTS:

Petitioners assailed the validity of the two search warrants issued by Judge Cruz-Paño, by virtue
of which, the premises of “Metropolitan Mail” and “We Forum” newspapers were searched. The
printing machines, equipments, paraphernalia, motor vehicles, and other articles in printing,
publication, and distribution of said newspapers, as well as numerous paper documents, books,
and other written literature alleged to be in possession and control of Burgos, Sr., publisher-
editor of “We Forum”, were seized.

ISSUE:

Whether or not the search and seizure conducted is valid?

RULING:

No. The warrants issued were held to be illegal for not being specific. The search warrants against
the publisher must particularize the alleged criminal or subversive material to be seized. The
application and/or supporting affidavits must contain a specification, stating with particularity,
the alleged subversive material published or intending to publish.