Nala v Barroso G.R. No. 153087 [Case Digest]

 

Nala v Barroso

G.R. No. 153087

 

Facts:

            Alcoser applied for the issuance of a warrant to search the person and residence of petitioner Bernard R. Nala, for the alleged illegal position of .22 pistol of Nala. After examining Alcoser and his witness Nalagon, respondent Presiding Judge of RTC of Malaybalay City, issued Search and Seizure Warrant, against Nala.

 

Issue:

            Whether or not there probable cause for the issuance of a search and seizure warrant against petitioner.

 

Held:

            NO. Probable cause as applied to illegal possession of firearms would therefore be such facts and circumstances which would lead a reasonably discreet and prudent man to believe that a person is in possession of a firearm and that he does not have the license or permit to possess the same.

            While Alcoser testified before the respondent judge that the firearms in the possession of petitioner are not licensed, this does not qualify as "personal knowledge" but only "personal belief" because neither he nor Nalagon verified, much more secured, a certification from the appropriate government agency that petitioner was not licensed to possess a firearm.     

The purpose of the constitutional provision against unlawful searches and seizures is to prevent violations of private security in person and property, and unlawful invasion of the sanctity of the home, by officers of the law acting under legislative or judicial sanction, and to give remedy against such usurpations when attempted.

            The failure to correctly state in the search and seizure warrant the first name of petitioner, which is "Bernard" and not "Romulo" or "Rumolo", does not invalidate the warrant because the additional description "alias Lolong Nala who is said to be residing at Purok 4, Poblacion, Kitaotao, Bukidnon" sufficiently enabled the police officers to locate and identify the petitioner. What is prohibited is a warrant against an unnamed party, and not one which, as in the instant case, contains a descriptio personae that will enable the officer to identify the accused without difficulty.