The Supreme Court has acquitted Ernesto Lavarias y Bolinas of illegal possession of firearms and ammunitions and illegal possession of explosives after ruling that the search warrant used against him was null and void. In its decision under G.R. No. 273582, the Court granted his appeal and ordered his release unless he is being held for some other legal grounds.
The Case
On June 30, 2017, two Informations were filed against Lavarias in the City of Dagupan. In Criminal Case No. 2017-0631-D, he was charged with violating Section 28, paragraph (a) of Republic Act No. 10591 for allegedly possessing one caliber .38 revolver and three live ammunition for a caliber .38 revolver without authority. In Criminal Case No. 2017-0632-D, he was charged with violating Section 3 of Presidential Decree No. 1866, as amended by Republic Act No. 9516, for allegedly possessing one fragmentation grenade without authority and license.
The two cases were consolidated. Upon arraignment, Lavarias pleaded not guilty to both charges. The prosecution presented five witnesses, including Police Chief Inspector Eric G. Magtaan, Senior Police Officer 2 Rotrieo P. Galisim, Police Senior Inspector Roberto Villaruz, Police Master Sergeant Danny A. Ventura, and Barangay Captain Filipina Delos Santos.
According to the prosecution, Search Warrant No. 129-017 was issued on June 28, 2017 by Branch 70 of the Regional Trial Court of Burgos, Pangasinan to search Lavarias's house in Dagupan City. Two days later, the implementing team proceeded to his house around 4:55 a.m. In a dark room at the left portion of the house, SPO2 Galisim saw a grenade inside a partly opened handbag on top of a bed. The team found inside the handbag one fragmentation hand grenade, one .38 caliber revolver, and three live ammunitions. An inventory was conducted, and the barangay officials signed the Receipt of Property Seized and Certification of Orderly Search, but Lavarias refused to sign.
The defense presented the lone testimony of Lavarias, who denied all the accusations. He claimed that around 4:00 a.m. on June 30, 2017, five people surrounded his house and forcibly kicked his door open. He said he was handcuffed, blindfolded, and ordered to lie face down while one of the men went to his bedroom.
The Regional Trial Court found Lavarias guilty of both charges. The Court of Appeals affirmed his conviction with modification on the maximum penalty for illegal possession of firearms.
The Issue
Before the Court of Appeals, Lavarias assailed the validity of the search warrant on the ground that it was issued by the Regional Trial Court of Burgos, but it was implemented in Dagupan City. The question was whether the search warrant, issued by a court outside the territorial jurisdiction where it was implemented, was valid, and whether the evidence obtained was admissible.
The Ruling
The Court held that in issuing search warrants which will be implemented outside their territorial jurisdiction, judges must not only determine probable cause but must also be satisfied that the evidence on record adequately justifies the compelling reason which necessitated the application before their court. The Court found that other than the bare assertion of PMSg Ventura that they filed the application in Burgos to avoid leakage and compromise the secrecy of the information because Lavarias allegedly had friends in the Regional Trial Court of Dagupan City, no other fact or evidence was presented. With no substantial basis on record, the search warrant was deemed null and void.
In its disposition, the Court ruled: "ACCORDINGLY, the appeal is GRANTED. The December 17, 2021 Joint Decision of Branch 44, Regional Trial Court of Dagupan City in Criminal Case Nos. 2017-0631-D and 2017-0632-D, and the November 15, 2023 Decision of the Court of Appeals in CA-G.R. CR-HC No. 16338 are REVERSED and SET ASIDE." Lavarias was acquitted and ordered released unless held for some other legal grounds.
By the Numbers
- June 28, 2017 — Search Warrant No. 129-017 issued by Branch 70, RTC of Burgos, Pangasinan
- June 30, 2017 — date of the alleged offenses; two Informations filed
- 4:55 a.m. — time the team arrived at the house
- 5:20 a.m. — time the team entered the house
- 1 fragmentation hand grenade, 1 caliber .38 revolver, 3 live ammunitions seized
- December 17, 2021 — RTC Joint Decision
- November 15, 2023 — Court of Appeals Decision
The Court's Reasoning
The Court anchored its ruling on Article III, Section 2 of the Constitution, which protects persons against unreasonable searches and seizures and requires probable cause determined personally by the judge. Citing Alagaban, the Court explained that a judge's determination of probable cause should include the examination of whether the compelling reasons cited in a search warrant application have adequate basis, and that mere generalizations or conclusions of law are insufficient. The compelling reason must have substantial basis on record.
The Court stressed that these procedural rules must be strictly complied with as search warrants limit the constitutional right against unreasonable search and seizure. A search warrant issued without sufficient basis to justify the compelling reason is seriously defective and void. Because the corpus delicti for the crimes charged was obtained through an illegal search and seizure, the evidence was inadmissible as the proverbial fruit of a poisonous tree, and the accused-appellant had to be acquitted.
This report summarizes the Supreme Court decision in G.R. No. 273582.
This report summarizes a public Supreme Court decision and is not legal advice.