FACTS: Upon application of the officers of the
government, Respondents-Judges — issued on different dates a total of 42 search
warrants against petitioners herein and/or the corporations of which they were
officers, directed to the any peace officer, to search the persons above-named
and/or the premises of their offices, warehouses and/or residences, and to
seize and take possession of the following personal property to wit: Books of
accounts, financial records, vouchers, correspondence, receipts, ledgers,
journals, portfolios, credit journals, typewriters, and other documents and/or
papers showing all business transactions including disbursements receipts,
balance sheets and profit and loss statements and Bobbins (cigarette wrappers)
as "the subject of the offense; stolen or embezzled and proceeds or fruits
of the offense," or "used or intended to be used as the means of
committing the offense," which is described in the applications adverted
to above as "violation of Central Bank Laws, Tariff and Customs Laws,
Internal Revenue (Code) and the Revised Penal Code."
Alleging that the aforementioned search
warrants are null and void, as contravening the Constitution and the Rules of
Court — because, inter alia: (1) they do not describe with particularity
the documents, books and things to be seized; (2) cash money, not mentioned in
the warrants, were actually seized; (3) the warrants were issued to fish
evidence against the aforementioned petitioners in deportation cases filed
against them; (4) the searches and seizures were made in an illegal manner; and
(5) the documents, papers and cash money seized were not delivered to the
courts that issued the warrants, to be disposed of in accordance with law, the said
petitioners filed with the Supreme Court this original action for certiorari,
prohibition, mandamus and injunction, and prayed that, pending final
disposition of the present case, a writ of preliminary injunction be issued
restraining Respondents-Prosecutors, their agents and /or representatives from
using the effects seized as aforementioned or any copies thereof, in the
deportation cases already adverted to, and that, in due course, thereafter,
decision be rendered quashing the contested search warrants and declaring the
same null and void, and commanding the respondents, their agents or
representatives to return to petitioners herein, in accordance with Section 3,
Rule 67, of the Rules of Court, the documents, papers, things and cash moneys
seized or confiscated under the search warrants in question.
In their answer, respondents-prosecutors
alleged, (1) that the contested search warrants are valid and have been issued
in accordance with law; (2) that the defects of said warrants, if any, were
cured by petitioners' consent; and (3) that, in any event, the effects seized
are admissible in evidence against herein petitioners, regardless of the
alleged illegality of the aforementioned searches and seizures.
ISSUE: WON the
search warrants issued are valid.
HELD: With regard the search
issued in the corporation – valid; with regard the search in the houses – void.
RATIO: As regards
the first group(In the offices), we hold that petitioners herein have no cause
of action to assail the legality of the contested warrants and of the seizures
made in pursuance thereof, for the simple reason that said corporations have
their respective personalities, separate and distinct from the personality of
herein petitioners, regardless of the amount of shares of stock or of the
interest of each of them in said corporations, and whatever the offices they
hold therein may be.8 Indeed, it is well settled that the legality
of a seizure can be contested only by the party whose rights have been
impaired thereby,9 and that the objection to an unlawful search and
seizure is purely personal and cannot be availed of by third parties. 10
Consequently, petitioners herein may not validly object to the use in evidence
against them of the documents, papers and things seized from the offices and
premises of the corporations adverted to above, since the right to object to
the admission of said papers in evidence belongs exclusively to the
corporations, to whom the seized effects belong, and may not be invoked by the
corporate officers in proceedings against them in their individual capacity.
Second in their houses: Indeed, the same were issued upon applications
stating that the natural and juridical person therein named had committed a
"violation of Central Ban Laws, Tariff and Customs Laws, Internal Revenue
(Code) and Revised Penal Code." In other words, no specific offense
had been alleged in said applications. The averments thereof with respect to
the offense committed were abstract. As a consequence, it was impossible
for the judges who issued the warrants to have found the existence of
probable cause, for the same presupposes the introduction of competent proof
that the party against whom it is sought has performed particular acts,
or committed specific omissions, violating a given provision of our
criminal laws. As a matter of fact, the applications involved in this case do
not allege any specific acts performed by herein petitioners. It would be the
legal heresy, of the highest order, to convict anybody of a "violation of
Central Bank Laws, Tariff and Customs Laws, Internal Revenue (Code) and Revised
Penal Code," — as alleged in the aforementioned applications — without
reference to any determinate provision of said laws. the warrants authorized
the search for and seizure of records pertaining to all business
transactions of petitioners herein, regardless of whether the transactions
were legal or illegal. The warrants sanctioned the seizure of all
records of the petitioners and the aforementioned corporations, whatever their
nature, thus openly contravening the explicit command of our Bill of Rights —
that the things to be seized be particularly described — as well as
tending to defeat its major objective: the elimination of general warrants.
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