TAMBASEN VS.

PEOPLE [246 SCRA 184;

G.R. NO. 89103; 14 JUL 1995]
Tuesday, February 03, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law

Facts: In August 1988, P/Sgt. Natuel applied for

issuance of search warrant alleging that he received
information that Petitioner had in his possession at
his house “M-16 Armalite rifles, hand grenades, .45
Cal. pistols, dynamite sticks and subversive
documents”, which were “used or intended to be
used” for illegal purposes. The application was
granted.

In September, a police team, searched the house of

petitioner and seized “2 envelopes containing
P14000, handset with antennae, transceiver
withantennae, regulator supply, academy notebook
and assorted papers and handset battery pack”. In
October, petitioner moved that the search and
seizure be declared illegal and that the seized
articles be returned to him. In December, MTCC, in
its order, directed Lt. Col. Torres to return the
money seized to petitioner ruling that any seizure
should be limited to the specified items covered
thereby. SolGen petitioned with the RTC for
theannulment of the order of MTCC citing that
pending the determination of legality of seizure of
the articles, they should remain in custogia legis.
RTC granted the petition.

Issue: Whether or Not the seizure of the articles

which were not mentioned in the search warrant
was legal.

Held: Section 2 Article III of the 1987

Constitution requires that a search warrant should
particularly describe the things to be seized. The
police acts beyond the parameters of their authority
if they seize articles not described in the
search warrants. The evident purpose and intent of
the requirement is to limit the things to be seized, to
leave the officers of the law with no discretion; that
unreasonable search and seizure may not be made
and that abuses may not be committed.

Petition granted. People of the Philippines is ordered

to return the money seized.