Jose Burgos vs.

Chief of Staff newspaper publisher or editor in connection with the publication of

G.R. No L-64261 subversive materials, as in the case at bar, the application and/or its
December 26, 1984 supporting affidavits must contain a specification, stating with
particularity the alleged subversive material he has published or is
Facts:
intending to publish. Mere generalization will not suffice.
Respondent Judge Ernani Cruz-Pano issued 2 search warrants to
search the premises of the “Metropolitan Mail” and “We Forum”.
The broad statement in Col. Abadilla's application that petitioner "is
Various equipment, paraphernalia and written documents were
in possession or has in his control printing equipment and other
searched. Written literature alleged to be in the possession and
paraphernalia, news publications and other documents which were
control of petitioner Jose Burgos, Jr., publisher-editor of “We Forum”
used and are all continuously being used as a means of committing
newspaper were seized.
the offense of subversion punishable under Presidential Decree 885,
The validity of these warrants were questioned through a petition for
as amended ..." is a mere conclusion of law and does not satisfy the
certiorari and so that the articles and equipment may be returned to
requirements of probable cause. Bereft of such particulars as would
the petitioners.
justify a finding of the existence of probable cause, said allegation
cannot serve as the basis for the issuance of a search warrant and it
Issue:
was a grave error for the respondent judge to have done so.
Whether or not the warrant of arrest is valid to justify the seizure of
the items.

Supreme Court Ruling:

The law provides that “…no search warrant or warrant of arrest shall
issue except upon probable cause to be determined by the judge, or
such other responsible officer as may be authorized by law, after
examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be
searched and the persons or things to be seized.”

Probable cause for a search is defined as such facts and circumstances

which would lead a reasonably discreet and prudent man to believe
that an offense has been committed and that the objects sought in
connection with the offense are in the place sought to be searched.
And when the search warrant applied for is directed against a