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Castro V Pabalan

The search warrant issued by Judge Pabalan was ruled illegal by the Supreme Court for the following reasons: (1) The application for the search warrant failed to specify the offense, describe with particularity the place to be searched, and things to be seized; (2) The judge did not examine the applicant or witnesses to determine probable cause; (3) The actual search was conducted in a different barangay than what was specified in the warrant. The items seized could not be returned except for liquors, playing cards, distilled water and bottles of Streptomycin, which had to be destroyed.

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466 views1 page

Castro V Pabalan

The search warrant issued by Judge Pabalan was ruled illegal by the Supreme Court for the following reasons: (1) The application for the search warrant failed to specify the offense, describe with particularity the place to be searched, and things to be seized; (2) The judge did not examine the applicant or witnesses to determine probable cause; (3) The actual search was conducted in a different barangay than what was specified in the warrant. The items seized could not be returned except for liquors, playing cards, distilled water and bottles of Streptomycin, which had to be destroyed.

Uploaded by

Joey Rivera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Castro v.

Pabalan

(1976)

Facts:
Judge Pabalan ordered the issuance of a search warrant despite failure of the application of Lumang or the warrant
itself to specify the offense, to examine the applicant as well as his witnesses on the part of the Judge, and to
describe with particularity the place to be searched and the things to be seized. Judge never refuted the assertions
when required to answer. Application alleged that applicants were informed and claimed that they verified the report
that Maria Castro and Co Ling are in possession of narcotics and other contraband in Barrio Padasil, Bangar, La
Union without specifying the particular place in the Barrio. No complete description of the goods and inquiry was
brief. Upon actual search, it turned out that it was in Barrio Ma. Cristina and not in Padasil.
Issue: Whether

or

not

the

search

warrant

is

validly

issued.

Held:
Search warrant issued illegal for violation of the 1935 Constitution and the Rules of Court because the two basic
requirements are not complied with: (a) no warrant shall issue but upon probable cause, (b) the warrant shall
particularly describe the things to be seized, thus, a general warrant. However, things seized cannot be returned and
shall be destroyed, except the liquors, playing cards, distilled water and five bottles of Streptomycin.

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