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BENJAMIN V. KHO and ELIZABETH ALINDOGAN, petitioners, vs HON. ROBERTO L.

MAKALINTAL and NATIONAL BUREAU OF INVESTIGATION, respondents.

FACTS:
On May 15, 1990, NBI Agent Max B. Salvador applied for the issuance of search warrants by
the respondent Judge against Banjamin V. Kho, now petitioner, in his residence at No. 45 Bb.
Ramona Tirona St., BF Homes, Phase I, Paranaque. On the same day, Eduardo T. Arugay, another
NBI agent, applied with the same court for the issuance of search warrants against the said petitioner
in his house at No. 326 McDivitt St., Bgy. Moonwalk, Paranaque. The search warrants were applied
for after teams of NBI agents had conducted a personal surveillance and investigation in the two
houses referred to on the basis of confidential information they received that the said places were
being used as storage centers for unlicensed firearms and chop-chop vehicles. On the same day,
the respondent Judge conducted the necessary examination of the applicants and their witnesses,
after which he issued Search Warrant Nos. 90-11, 90-12, 90-13, 90-14, and 90-15.
On the following day, May 16, 1990, NBI conducted the simultaneous searches on the said
residences of the petitioner (Kho) and they were able to confiscate the above mention objects stated
in the warrant and the simultaneous searches also resulted in the confiscation of various radio and
telecommunication equipment. The confiscated items were verified in Camp Crame and were proven
that all of them are unlicensed.
Petitioner (Kho) question the validity of the warrant and filed a Motion to Quash the previous
decision.
ISSUES:
1. Whether or not the issuance of the search warrant by the respondent Judge valid?
2. Whether or not the Motion to Quash filed by the petitioner (Kho) alleging that there was an abuse
enforcement of the challenge search warrant valid?
3. Whether or not the Petitioners sought to restrain the respondent National Bureau of
Investigation (NBI) from using the objects seized by virtue of such warrants in any case or cases
filed or to be filed against them and to return immediately the said items valid.
RULING:
The Court believes, and so holds, that the said warrants comply with Constitutional and
statutory requirements. The law does not require that the things to be seized must be described in
precise and minute detail as to leave no room for doubt on the part of the searching
authorities. Otherwise, it would be virtually impossible for the applicants to obtain a warrant as they
would not know exactly what kind of things they are looking for. Since the element of time is very
crucial in criminal cases, the effort and time spent in researching on the details to be embodied in the
warrant would render the purpose of the search nugatory.
The question of whether there was abuse in the enforcement of the challanged search
warrants is not within the scope of a Motion to Quash. In a Motion to Quash, what is assailed is the
validity of the issuance of the warrant. The manner of serving the warrant and of effecting the search
are not an issue to be resolved here. As aptly opined and ruled by the respondent Judge, petitioners
have remedies under pertinent penal, civil and administrative laws for their problem at hand, which
cannot be solved by their present motion to quash.
Considering that cases for Illegal Possession of Firearms and Explosives and Violation of
Section 3 in relation to Section 14 of Republic Act No. 6539, otherwise known as the Anti-Carnapping
Act of 1972, have been instituted against the petitioners, the petition for mandamus with preliminary
and mandatory injunction to return all objects seized and to restrain respondent NBI from using the
said objects as evidence, has become moot and academic.
WHEREFORE, for want of merit and on the ground that it has become moot and academic, the
petition at bar is hereby DISMISSED. No pronoucement as to costs.