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UY vs BIR

G.R. No. 129651, October 20, 2000


Kapunan, J.

FACTS:
Petitioners assail the validity of the warrants issued for the search of the
premises of the Unifish Packing Corporation and pray for the return of the
items seized by virtue thereof.
On 30 September 1993, a certain Rodrigo Abos reported to the Bureau of
Internal Revenue (BIR) that petitioners Unifish Packing Corporation and Uy
Chin Ho alias Frank Uy were engaged in activities constituting violations of
the National Internal Revenue Code. Abos, who claimed to be a former
employee of Unifish, executed an Affidavit alleging illegal activities being
practiced by the said company among others, selling thousands of cartons
of canned sardines without issuing receipts.
On 1 October 1993, Nestor N. Labaria, Assistant Chief of the Special
Investigation Branch of the BIR, applied for several search warrants. The
application sought permission to search the premises of Unifish.
On the strength of these warrants, agents of the BIR, accompanied by
members of the Philippine National Police, searched the premises of the
Unifish Packing Corporation on 2 October 1993. They seized, among other
things, the records and documents of petitioner corporation. A return of
said search was duly made by Nestor Labaria with the RTC of Cebu,
Branch 28.
Petitioner impugned the intrinsic validity of the SW stating that it violates
constitutional right to unreasonable search and seizure.
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1. Multiple sets of Books of Accounts; Ledgers, Journals, Columnar Books,
Cash Register Books, Sales Books or Records; Provisional & Official
Receipts;
2. Production Record Books/Inventory Lists, Stock Cards;
3. Unregistered Delivery Receipts;
4. Unregistered Purchase & Sales Invoices;
5. Sales Records, Job Order;
6. Corporate Financial Records; and
7. Bank Statements/Cancelled Checks
Xxxxx

ISSUE:
Whether or not the search warrant complied with the proper constitutional
mandates.

RULING:
The Supreme Court AFFIRMED the order of the RTC insofar as said
Resolutions upheld the validity of the subject Search Warrants authorizing
the seizure of the unregistered delivery receipts and unregistered purchase
and sales invoices, but REVERSED with respect to the rest of the articles
subject of said warrants.

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