Case Digest – 054 People of the Philippines Vs Nunez 591 SCRA 394, GR 177148, June 30,

2009

People of the Philippines Vs Raul Nunez y Revilleza, GR177148 (June 30, 2009)

Article 3 Section 2: Requisites of a valid warrant.

Facts:
In a search and seizure conducted based on reports of drug possession, the appellant’s room
was surveyed in his presence while his family, PO2 Ortega and the two barangay officials
remained in the living room. 31 packets of shabu, lighters, improvised burners, tooters, and
aluminum foil with shabu residue and a lady’s wallet containing P4,610 (pesos) inside
appellant’s dresser were found.

The group also confiscated a component, camera, electric planer, grinder, drill, jigsaw.
electric tester, and assorted carpentry tools on suspicion that they were acquired in exchange
for shabu. Following the search, SPO1 Ilagan issued a Receipt for Property Seized and a
Certification of Orderly Search which appellant signed. The RTC convicted appellant guilty
beyond reasonable doubt for Violation of Republic Act 6425, as amended. Appellant elevated
the case to this Court, but the case was transferred to the Court of Appeals where the Court
of Appeals rendered its decision affirming appellant’s conviction.

Issues:
Whether or not, there was an irregularity in the seizure of personal property conducted?

Ruling:
Turning to the objects which may be confiscated during the search, Section 3, Rule 126 of the
Rules of Court is pertinent:

SEC. 3. Personal property to be seized. – A search warrant may be issued for the search and
seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or

(c) Used or intended to be used as the means of committing an offense.

As a rule, only the personal properties described in the search warrant may be seized by the
authorities. In the case at bar, Search Warrant No. 42 specifically authorized the taking of
methamphetamine hydrochloride (shabu) and paraphernalia(s) only. By the principle
of ejusdem generis, where a statute describes things of a particular class or kind accompanied

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by words of a generic character, the generic word will usually be limited to things of a similar
nature with those particularly enumerated, unless there be something in the context of the
statement which would repel such inference.

Thus, we are here constrained to point out an irregularity in the search conducted. Certainly,
the lady’s wallet, cash, grinder, camera, component, speakers, electric planer, jigsaw, electric
tester, saws, hammer, drill, and bolo were not encompassed by the word paraphernalia as they
bear no relation to the use or manufacture of drugs. In seizing the said items then, the police
officers exercised their own discretion and determined for themselves which items in
appellant’s residence they believed were "proceeds of the crime" or "means of committing the
offense." This is absolutely impermissible.

The purpose of the constitutional requirement that the articles to be seized be particularly
described in the warrant is to limit the things to be taken to those, and only those particularly
described in the search warrant -- to leave the officers of the law with no discretion regarding
what articles they should seize. A search warrant is not a sweeping authority empowering a
raiding party to undertake a fishing expedition to confiscate any and all kinds of evidence or
articles relating to a crime. Accordingly, the objects taken which were not specified in the
search warrant should be restored to appellant.

principle of ejusdem generis

ejusdem generis . THE SAME KIND OR SPECIE.   This is to give effect to both the particular and
general words, by treating the particular words as indicating the class and the general
words as indicating all that is embraced in said class, although not specifically named by the
particular words.

The rule of ejusdem generis is not of universal application; it should be used to carry out, not to
defeat the intent or purpose of the law; the rule must give way in favor of the legislative
intent;

Limitations of Ejusdem Generis Requisites:

1. Statue contains an enumeration of particular and specific words, followed by a general word
or phrase;
2. The particular and specific words constitute a class or  are of the same kind;
3. The enumeration of the particular and specific words is not exhaustive or is not merely by
examples;
4. There is no indication of legislative intent to give general words or phrases a broader
meaning.

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