Castro vs. Pabalan (70 SCRA 477)

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 wee 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.