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Shvoong Home>Law & Politics>Case Digest on Burgos vs. Chief of Staff 133 SCRA 800 (1984) Summary

Case Digest on Burgos vs. Chief of Staff 133 SCRA 800 (1984)

Book Summary   by:WritingNow360     Original Author: Supreme Court of the Philippines
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Burgos v. Chief of Staff 133 SCRA 800 (1984) Illegal search of newspaper offices and press freedom F: On the basis of two warrants issued by the RTC of QC, the offices of the Metropolitan Mail and the We Forum were search and printing machines, paraphernalia, motor vehicles and other articles used in the printing, publication and distribution of the newspapers as well as papers and other literature seized on the ground that they were used in the commission of the crime of subversion. Petitioners brought and action to annul the warrants and compel the return of the things seized. HELD: Petitioners'' thesis is impressed with merit. Probable cause for a search is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. When addressed to a newspaper publisher or editor, the application for a warrant must contain a specification stating with particularity the alleged subversive materials he has published or intending to publish. Broad statement in the application is a mere conclusion of law and does not satisfy the requirement of probable cause. Another factor that makes the search warrants constitutionally objectionable is that they are in the nature of general warrants. In Stanford v. State of Texas, the US SC declared this type of warrant void
Published: February 18, 2008   
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  1. Answer  :    what is the issue of 133 scra 800 Monday, August 16, 2010
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