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    Case Digest Nolasco Vs Pano

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    Ralph Veloso
    Cynthia Nolasco challenged the legality of a search warrant issued against her premises. The search warrant was issued based on a month of surveillance that described the premises as a suspected underground house for communist groups. The search resulted in the seizure of documents and materials. Nolasco argued the warrant was overly broad and lacked probable cause. The court agreed, finding the warrant did not sufficiently specify what items could be seized and gave too much discretion to searching officers. As such, the court ruled the search warrant was an illegal general warrant.

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    Case Digest Nolasco Vs Pano

    Uploaded by

    Ralph Veloso
    951 views1 page
    Cynthia Nolasco challenged the legality of a search warrant issued against her premises. The search warrant was issued based on a month of surveillance that described the premises as a suspected underground house for communist groups. The search resulted in the seizure of documents and materials. Nolasco argued the warrant was overly broad and lacked probable cause. The court agreed, finding the warrant did not sufficiently specify what items could be seized and gave too much discretion to searching officers. As such, the court ruled the search warrant was an illegal general warrant.

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    Case Digest Nolasco vs Pano

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    Case Digest Nolasco vs Pano

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    Cynthia Nolasco challenged the legality of a search warrant issued against her premises. The search warrant was issued based on a month of surveillance that described the premises as a suspected underground house for communist groups. The search resulted in the seizure of documents and materials. Nolasco argued the warrant was overly broad and lacked probable cause. The court agreed, finding the warrant did not sufficiently specify what items could be seized and gave too much discretion to searching officers. As such, the court ruled the search warrant was an illegal general warrant.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    951 views1 page

    Case Digest Nolasco Vs Pano

    Uploaded by

    Ralph Veloso
    Cynthia Nolasco challenged the legality of a search warrant issued against her premises. The search warrant was issued based on a month of surveillance that described the premises as a suspected underground house for communist groups. The search resulted in the seizure of documents and materials. Nolasco argued the warrant was overly broad and lacked probable cause. The court agreed, finding the warrant did not sufficiently specify what items could be seized and gave too much discretion to searching officers. As such, the court ruled the search warrant was an illegal general warrant.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Case Digest Nolasco vs Pano

    By maechmedina

    Cynthia P. Nolasco vs Hon. Ernani Cruz Pano

    FACTS: Aquilar-Roque and Nolasco were arrested by a Constabulary Security Group (CSG) at the intersection
    of Mayon Street, Quezon City On the same day, a searched was conducted. Ct. Col. Virgilio Saldajeno; applied
    for search warrant from the respondent Hon. Ernani Cruz Pano, after a month of round the clock surveillance
    of the premises as a suspected underground house of the CPP/NPA, particularly connected to MV Karagatan /
    Pena Andrea cases. The searching party seized 428 documents and written materials, and additionally a portable
    typewriter and 2 wooden boxes. The City Fiscal information for violation of PD No. 33, Illegal Possession of
    Subversive Documents

    Petitioners contend that the Search Warrant is void because it is a general warrant since it does not sufficiently
    describe with particularly the things subject of the search and seizure and that probable cause had not been
    properly established for lack of searching questions propounded to the applicants witness.

    Disputed Search Warrant: Documents, papers and other records of the communist party of the Philippines /
    New Peoples Army and or the National Democratic Front, such as Minutes of the Party Philippines..

    ISSUE: Whether or not the search warrant issued was of general warrant and illegal?

    HELD: The search warrant is of General, thus, it was hereby annulled by set aside.

    RATIONALE: The Search Warrant does not specify what the subversive books and instructions are; what are
    the manuals not otherwise available to the public certain to make them subversive or to enable them to be used
    for the crime of rebellion. There is absent a definite guideline to the searching team as to what items might be
    lawfully seized thus giving the officers of the law discretion regarding what articles they should seize as, in fact,
    taken also were a portable typewriter.

    Mere generalization will not suffice and odes not satisfy the requirements of probable cause upon which a
    warrant may issue.

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