People vs Nuñez [G.R. No. 177148] Case Digest

 

People vs Nuñez

[G.R. No. 177148]

 

Facts:

            Operatives of the Sta. Cruz, Laguna Police Detectives in coordination with the Los Baños Police Station (LBPS) and IID Mobile Force conducted a search in the house of Raul R. Nuñez based on reports of drug possession.  Before proceeding to appellant’s residence in Barangay San Antonio, the group summoned Barangay Captain Mario Mundin and Chief Tanod Alfredo Joaquin to assist them in serving the search warrant. Upon arriving at appellant’s house, Mundin called on appellant to come out. Thereafter, Commanding Officer Pagkalinawan showed Nuñez the warrant. SPO1 Ilagan and PO2 Crisostomo then surveyed appellant’s room in his presence while his family, PO2 Ortega and the two barangay officials remained in the living room. SPO1 Ilagan found thirty-one (31) packets of shabu, lighters, improvised burners, tooters, and aluminum foil with shabu residue and a lady’s wallet containing ₱4,610 inside appellant’s dresser.

            RTC find the accused guilty of the crime beyond reasonable doubt.  CA affirmed the decision of RTC.

            Appellant insists that the shabu found in his room was planted. Appellant assails the validity of the search warrant as it did not indicate his exact address but only the barangay and street of his residence. He maintains that none of the occupants witnessed the search as they were all kept in the living room. Finally, appellant questions why the prosecution did not call the barangay officials as witnesses to shed light on the details of the search.

 

Issue:

            Whether or not all objects taken during the search which are drug paraphernalia.

 

Held:

            No.

 

Ratio:

            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, in our view, 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.