830 Phil. 309
PERALTA, J.:
P/Insp. Malixi stressed that he has personally verified and ascertained the veracity of the information and found the same to be true and correct, as narrated and sworn to by Ernesto Villador, a long-time employee of Dimal, Edison Uy Pua, the nephew of the victims Lucio and Rosemarie Pua, and Shaira Mae Eugenio, daughter of the victim Gemma Eugenio. P/Insp. Malixi claimed that the application was founded on his personal knowledge and that of his witnesses, acquired after conducting surveillance and investigation. P/Insp. Malixi attached to the application as Annexes "A", "B", "C" and "D" the Vicinity/Location and Floor Map.
a. Personal belongings such as: 1. Driver's License of Lucio Pua; 2. Alien Certificate of Registration Identification cards of Lucio Pua and Rosemarie Pua; 3. ATM Cards such as BDO under Lucio Pua's accounts; 4. Deposit Slips in BDO accounts of Lucio Pua; 5. Receipts of the palay delivered; 6. Blood-stained clothes of the victims: 6.1 Rosemarie Pua's green inner garment with black blazer and brownish pedal pants; 6.2 Lucio Pua's black short and pink polo shirt; 6.3 Gemma Eugenio y Estrada's maong pants, faded pink long sleeves jacket, black striped t-shirt and a shoulder bag; 6.4 Polo t-shirt and faded pink jacket seen beside the comfort room inside the compound of the warehouse of Jayson Dimal. 7. Picture of Shaira Mae Eugenio's youngest sister (Queen Sean Eugenio) seen inside the shoulder bag of the victim, Gemma Eugenio. b. 1,600 sacks of palay inside a warehouse found in the Felix Gurnpal Compound, Ipil Junction, Echague, Isabela; c. Long bolo approximately 16 inches in length; and d. Glock 9mm caliber pistol.[5]
The undersigned Presiding Judge personally examined in the form of questions and answers in writing and [under oath], the applicant Police Senior Inspector Roy Michael S. Malixi and the witnesses, namely: Edison Pua, Shaira Mae Eugenio, and Ernesto Villador, who all collaborated to the fact of death of Lucio Pua, Rosemarie Pua and Gemma Eugenio in Echague, Isabela. That witness Edison Pua went to the house of Jaylord Dimal after the commission of the crime and was able to see the blood-stained clothes of the victims:In the Return on the Search Warrant, P/Insp. Gary Halay-ay Macadangdang, Deputy Chief of Police, Echague Police Station, Echague, Isabela," manifested that (1) Search Warrant No. 10-11 was served at the premises ofDimal at Barangay Ipil, Echague, Isabela, on October 9, 2010 at about 9:00 a.m., and (2) the search was conducted in an orderly manner and in the presence of owner/custodian Carlos Dimal, Barangay Captain Florencio Miguel, Barangay Kagawads Rodolfo Vergara and Mariano Seriban, and BOMBO Radyo reporter Romy Santos. P/Insp. Macadangdang enumerated the items recovered:1) Lucio Pua's clothes; and 2) [Rosemarie] Pua's clothes;On the part of Shaira Mae Eugenio, she testified that before her mother Gemma Eugenio left her house, she wore faded pink long sleeves jacket and black T-shirt, and brought with her a shoulder bag and two (2) cellphones which probably are in the house of Jaylord Dimal. In the case of Ernesto Villador, he testified that he saw Jaylord Dimal holding a 9mm caliber pistol and testified that he usually keep said firearm under the computer table or drawers. He likewise testify (sic) that there were 1,600 sacks of palay sold by the victims and brought to the Felix Gumpal Compound.
With the testimony of said witnesses and their Sinumpaang Salaysay and deposition of witness, it would readily show that there is probable cause to believe that in the house, particularly the Felix Gumpal Compound of Jaylord Dimallocated at Ipil Junction, Echague, Isabela, said items, to wit: blood-stained clothes of the victims, 1,600 sacks of palay inside the warehouse in the Felix Gumpal Compound and 9mm cal. pistol are found.
The said Application for Search Warrant was filed before this Court due to compelling reasons for security and confidentiality purposes, considering that possibility of leakages of information once the application for search warrant is filed with the court within the area having territorial jurisdiction over it.
In view thereof, you are hereby commanded to search at any time of the day or night the premises of Felix Gumpal Compound located at Ipil Junction, Echague, Isabela, and forthwith seize and take possession of the following properties: blood-stained clothes of Rosemarie Pua, Lucio Pua, and Gemma Eugenio, either to take the 1,600 sacks of palay or just to photograph the same, and the 9mm caliber pistol, and to bring the said articles to the custody of the Provincial Director of Isabela at the Provincial Police Office of Isabela under custodia legis, to be dealt with according to law.[6]
The following articles, subject of the warrant, were found by the said Office during the search:On February 20, 2012, petitioners Dimal and Castillo, together with Michael Miranda, filed an Omnibus Motion[8] to quash Search Warrant No. 10-11 and to declare the seized items as inadmissible in evidence. They argued that the search warrant is invalid because it was issued in connection with, not just one single offense, but two crimes, i.e., kidnapping and multiple murder. They also contended that except for witness Ernesto Villador, applicant P/Insp. Malixi and witnesses Edison and Shaira Mae have no personal knowledge surrounding the two crimes committed; hence, their statements did not provide basis for a finding of probable cause, much less for the issuance of a search warrant. With respect to Villador, petitioners assert that his sworn statement is incredible because he is just an ordinary laborer, who is unfamiliar with the English language, and there is no showing that the contents of his statement were fully explained to him by the Judge who issued the search warrant. Petitioners further posit that the search warrant was invalidly implemented because the raiding team failed to comply with Section 8, Rule 127 of the Rules of Court on the requisite presence of two witnesses during a search of premises, and with Section 10, Rule 126 on the issuance of a receipt of seized properties. Finally, petitioners sought that the items seized which are not covered by the search warrant, should be declared inadmissible in evidence and be ordered returned to the accused.
a. Extracted suspected Blood stain (Mark as E-24 with JAM markings)
b. Extracted suspected Blood stain (Mark as E-25 with JAM markings)
c. One (1) Black T-Shirt with suspected blood stain (Mark as E-26 with JAM markings)
d. One (1) Black T-Shirt with red lining with suspected blood stain (Mark as E-15 with JAM markings)
e. One (1) Bra color brown (tiger) (Mark as E-14 with JAM markings)
f. One (1) cell phone spare part (mark as E-16 with JAM markings)
g. One (1) cell phone spare part (mark as E-17 with JAM markings)
h. Palay husk with suspected blood stain (mark as E-28 with JAM markings)
i. Suspected blood stain (mark as E-25-A with JAM markings)
The articles recovered/seized in plain view during the conduct of search are the following:
a. One (1) pc torn cloth (Mark as E-1 with JAM markings)
b. One (1) pc torn cloth (Mark as E-2 with JAM markings)
c. One (1) pc torn cloth (Mark as E-3 with JAM markings)
d. One (1) pc spent shell of caliber 22 (Mark as E-4 with JAM markings)
e. One (1) bag pack color black (Mark as E-5 with JAM markings)
f. One spent shell of caliber 22 (Mark as E-6 with JAM markings)
g. One spent shell of caliber 22 (Mark as E-7 with JAM markings)
h. One spent shell of caliber 22 (Mark as E-8 with JAM markings)
i. One spent shell of caliber 22 (Mark as E-9 with JAM markings)
j. One spent shell of caliber 22 (Mark as E-10 with JAM markings)
k. One spent shell of caliber 22 (Mark as E-11 with JAM markings)
l. One spent shell of caliber 22 (Mark as E-12 with JAM markings)
m. One spent shell of caliber 22 (Mark as E-13 with JAM markings)
n. Two (2) Alien Certificate of Registration of Lucio Pua and Rosemarie Pua, and One (1) BDO Passbook in the name of Lucio Pua (mark as E-15 with JAM markings)
o. One spent shell of caliber 22 (Mark as E-18 with JAM markings)
p. One (1) piece gold-plated earring (mark as E-19 with JAM markings)
q. Suspected human hair (mark as E-20 with JAM markings)
r. A piece of embroider[ed] cloth (mark as E-22 with JAM markings)
s. Three (3) burned Tire wires (mark as E-23 with JAM markings)
t. One (1) empty plastic bottle of Gleam muriatic acid (mark as E-27 with JAM markings)
u. One (1) live ammo of caliber 22 (mark as E-29 with JAM markings)
v. One (1) color white t-shirt (mark as E-30 with JAM markings).[7]
That on or about the 6th day of September 2010, and for sometime thereafter, in the Municipality of Echague, Province of Isabela, Philippines and within the jurisdiction of this Honorable Court, the accused Jaylord Arizabal Dimas (sic) and Allan Castillo y Marquez, being the principals therein, conspiring, confederating together and helping one another, did then and there, willfully, unlawfully and feloniously, kidnap and detain one Lucio Uy Pua (Chinese name: Xinyi Pan)[9] for the purpose of extorting ransom in the amount of Fifty (50) million pesos, from him and from his relatives.Pursuant to Administrative Matter No. 12-1-18-RTC, the criminal cases were re-raffled to Judge Aurora A. Hernandez-Calledo of the RTC of Quezon City, andre-docketed as Criminal Case Nos. Q-12-175369, Q-12-175370 to Q-12-175371.
That during his[/her] detention, the said accused, in pursuance of conspiracy, did then and there, willfully, unlawfully and feloniously, assault, attack and shot with a caliber 9mm pistol the said Lucio Uy Pua[10] which had directly caused his death and, thereafter, chopped his body into several pieces and placed them into big plastic containers and ice box, and burned his head and placed the same into a plastic bag, and threw the same on separate rivers located at Santiago City and at the Province of Quirino.
That the accused Michael Miranda Genova alias Mike Miranda being an accessory, took part in the subsequent commission of the crime by providing the vehicle and a container drum used to dispose the chopped body of said Lucio Uy Pua[11] and threw the same on the river, in order to conceal the body of the crime, to prevent its discovery.
CONTRARY TO LAW.[12]
A perusal of the records show that Judge Ong, through searching and probing questions, personally examined the (sic) P/lnsp. Malixi and the witnesses, Edison Uy, Ernesto Villador and Shaira Mae Eugenio, on 8 October 2010. The questions that Judge Ong propounded were sufficiently probing, not at all superficial and perfunctory. The facts narrated by the witnesses while under oath, when they were asked by the examining judge, were sufficient justification for the issuance of the subject search warrant.Petitioners filed a motion for reconsideration, which the CA denied in a Resolution dated February 4, 2015. Hence, this petition for review on certiorari.
Furthermore, the subject search warrant specifically designated or described Felix Gumpal Compound, located at Ipil Junction, Echague, Isabela as the place to be searched and enumerated the articles to be seized.
Petitioners['] contention that the subject search warrant which was issued in connection with two (2) separate offenses, Kidnapping and Murder, as indicated therein, cannot stand. However, as aptly pointed out by the People through the Office of the Solicitor General, the crimes of kidnapping and murder are interrelated and points to the commission of a single complex crime known as kidnapping with murder. They cannot be treated as separate crimes.[15]
This amendment introduced in our criminal statutes the concept of "special complex crime" of kidnapping with murder or homicide. It effectively eliminated the distinction drawn by the courts between those cases where the killing of the kidnapped victim was purposely sought by the accused, and those where the killing of the victim was not deliberately resorted to but was merely an afterthought Consequently, the rule now is: Where the person kidnapped is killed in the course of the detention, regardless of whether the killing was purposely sought or was merely an afterthought, the kidnapping and murder or homicide can no longer be complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special complex crime under the last paragraph of Art. 267, as amended by R.A. No. 7659.There is no dispute that Search Warrant No. 10-11 was applied for and issued in connection with the crime of kidnapping with murder. Asked by Judge Ong during the hearing as to what particular offense was committed, search warrant applicant P/Insp. Malixi testified that Dimal "allegedly committed the crime of kidnapping and multiple murder of Lucio and Rosemarie Pua and one Gemma Eugenio on September 6, 2010."[19] It is not amiss to add that a search warrant that covers several counts of a certain specific offense does not violate the one-specific-offense rule.[20]
x x x x
x x x Where the law provides a single penalty for two or more component offenses, the resulting crime is called a special complex crime. Some of the special complex crimes under the Revised Penal Code are (1) robbery with homicide, (2) robbery with rape, (3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and (5) rape with homicide. In a special complex crime, the prosecution must necessarily prove each of the component offenses with the same precision that would be necessary if they were made the subject of separate complaints. As earlier mentioned, R.A. No. 7659 amended Article 267 of the Revised Penal Code by adding thereto this provision: "When the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to torture or dehumanizing acts, the maximum penalty shall be imposed; and that this provision gives rise to a special complex crime."[18]
x x x Probable cause for a search warrant 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. A finding of probable cause needs only to rest on evidence showing that, more likely than not, a crime has been committed and that it was committed by the accused. Probable cause demands more than bare suspicion; it requires less than evidence which would justify conviction. The judge, in determining probable cause, is to consider the totality of the circumstances made known to him and not by a fixed and rigid formula, and must employ a flexible totality of the circumstances standard. The existence depends to a large degree upon the finding or opinion of the judge conducting the examination. This Court, therefore, is in no position to disturb the factual findings of the judge which led to the issuance of the search warrant. A magistrate's determination of probable cause for the issuance of a search warrant is paid great deference by a reviewing court, as long as there was substantial basis for that determination. Substantial basis means that the questions of the examining judge brought out such facts and circumstances as would lead a reasonably discreet and prudent man to believe that an offense has been committed, and the objects in connection with the offense sought to be seized are in the place sought to be searched.Corollarily, the Court said in Oebanda v. People[22] that in an application for search warrant, the mandate of the judge is for him to conduct a full and searching examination of the complainant and the witnesses he may produce. "The searching questions propounded to the applicant and the witnesses must depend on a large extent upon the discretion of the judge. Although there is no hard-and-fast rule as to how a judge may conduct his examination, it is axiomatic that the said examination must be probing and exhaustive and not merely routinary, general, peripheral or perfunctory. He must make his own inquiry on the intent and factual and legal justifications for a search warrant. The questions should not merely be repetitious of the averments stated in the affidavits/deposition of the applicant and the witnesses."[23]
[COURT:]Judge Ong was also able to draw corroborative testimonies from P/Insp. Malixi's witnesses. Edison testified on the circumstances prior to the disappearance of his uncle Lucio and his aunties Rosemarie and Gemma, while Shaira Mae described the clothes and personal belongings of her mother before the latter disappeared, thus:
Q: And in your application for Search Warrant, what particular place are you going to search in this Search Warrant if ever it will be granted?
[P/INSP. MALIXI:]
A: According to the Opponent we are applying to search the Palay Buying Station of Jaylord Dimallocated at Felix Gumpal Compound, Ipil, Echague, Isabela, and also to search the back portion of a vacant lot within the Felix Gumpal Compound, Your Honor.
Q: The particular place is Felix Gumpal Compound, in Echague, Isabela, no more?
A: No more, Your Honor.
Q: And what particular offense have this Jaylord Dimal committed, if any?
A: He allegedly committed the crime of kidnapping and multiple murder of Lucio and Rosemarie Pua and one Gemma Eugenio on September 6, 2010, Your Honor.
Q: And what particular items are you going to search in that compound of Felix Gumpal?
A: Subject of the offense, the personal belongings of the victims when they went to the Felix Gumpal Compound, where they were reportedly murdered, Your Honor.
Q: What specific items are you going to search from that place?
A: Personal belongings such as Driver's License of Lucio Pua, Alien Certificate of Registration ID of Lucio Pua and Rosemarie Pua, ATM Cards such as BDO under Lucio Pua's account, Deposit slips of BDO accounts of Lucio Pua, receipts of the palay delivered, blood-stained clothes of the victims, such as Rosemarie Pua's green inner garment with black blazer and brownish pedal pants, Lucio Pua's black short and pink polo shirt, Gemma Eugenio's maong pants, faded pink long sleeves jacket, black stripe T-shirt and a shoulder bag of the victim Gemma Eugenio color white, the 1,600 sacks of palay inside the Warehouse of Felix Gumpal Compound, long bolo [which] is approximately 16 inches long, and the 9mm caliber black pistol, your Honor.
Q: Where did you get this information regarding the articles found in the Felix Gumpal Compound?
A: This information was given to me by the Opponents, Your Honor.
Q: And who are they?
A: They are Edison Uy Pua, Ernesto Villador y Yakapin and Shaira Eugenio y Estrada, Your Honor.
Q: How sure are you that these people were able to see these items in Felix Gumpal Compound?
A: Edison Uy Pua and Shaira Mae Eugenio are the relatives of the victims who personally saw the victim's clothes they were wearing right before they went to Jaylord's compound and the victims were seen by Ernesto Villador sprawled lifeless on the floor in the palay buying station of Jaylord Dimal, Your Honor.
Q: You said that there is a gun 9mm pistol, how did they come to know that there was a gun in that place?
A: It was reported to me by Ernesto Villador, Your Honor.[24]
[COURT]While it may be noted that applicant P/Insp. Malixi and his witnesses Shaira Mae and Edison have no personal knowledge how the crimes of kidnapping and multiple murder were committed, their testimonies corroborated that of Villador, who petitioners admitted to have known about the incidents surrounding the commission of such crimes.[27]
Q: On September 6, 2010, where were you?
[EDISON]
A: I was at home, Your Honor.
Q: Where?
A: At Antonino, Alicia, Isabela, Your Honor?
Q: Where is Lucio and Rosemarie Pua on that day?
A: They went to Jaylord to collect the payment of the palay, Your Honor.
Q: And you were left in your house in Alicia when your Uncle Lucio and Auntie Rosemarie when they went to Jaylord to collect payment of palay?
A: Yes, Your Honor, I was.
Q: And do you know what happened to your Uncle Lucio and Auntie Rosemarie when they went to Jaylord's place?
A: I know because when they went to collect payments they did not come back anymore, Your Honor.
Q: And what did you do when you learned that they did not come back anymore?
A: They were already dead and their bodies were chopped into pieces, your Honor.
Q: And what did you do when you learned that they were already dead and chopped into pieces?
A: We went to look for the pieces of the bodies because they said it was thrown to the river, Your Honor.
Q: And what did you do after that?
A: We went to the house of Jaylord, Your Honor.
Q: And what did you do in the house of Jaylord?
A: We saw the T-shirt of my Uncle Lucio Pua and Ate Gemma, Your Honor.
Q: Who is that Gemma?
A: My aunt, the one who canvass palay, your Honor.
Q: What did you see in the house of Jaylord?
A: Polo shirt and Jacket of Auntie Gemma, Your Honor.
Q: What else aside from the Polo shirt and jacket did you see?
A: No more your Honor, we went back to Alicia.
Q: Who were with you when you went to the house of Jaylord?
A: My cousin, Your Honor.
Q: What is the name of your cousin?
A: Harison, Your Honor.
Q: When was that when you went to the house of Dimal?
A: October 5, 2010, Your Honor.[25]
x x x x
[COURT]
Q: On September 6, 2010, in the afternoon, at about 4:00 o'clock, do you know where was (sic) your mother then?
[SHAIRA MAE]
A: Yes, sir.
Q: Where?
A: She [Gemma] went to Jaylord Dimal, Your Honor.
Q: Do you remember what was (sic) the clothes of your mother and what did she brought (sic) with her when she went to Jaylord Dimal?
A: Yes, Your Honor, the long sleeves is faded pink, the inner shirt is black, and bag is pink, inside it are two (2) cellphones, the picture of my sister and her Driver's License.[26]
[COURT:]Records clearly show that Judge Ong personally examined under oath applicant P/lnsp. Malixi and his witnesses, Edwin, Shaira Mae and Villador, whose collective testimonies would prompt a reasonably discreet person to believe that the crime of kidnapping with murder was committed at the Felix Gumpal Compound on September 6, 2010, and that specific personal properties sought in connection with the crime could be found in the said place sought to be searched.
Q: You said you are a classifier, what is the work of a classifier?
[VILLADOR]
A: We classify the kinds ofpalay, Your Honor.
Q: Where are you working as a classifier?
A: Jaylord Dimal, Your Honor.
Q: And where is the place of the business of Jaylord Dimal?
A: Junction Ipil at the former compound of Felix Gumpal, Your Honor.
Q: How long have you been a classifier of Jaylord Dimal?
A: It is already two (2) years that every cropping he calls for me to classify, Your Honor.
Q: On September 6, 2010, are (sic) you still a classifier in the business of Jaylord Dimal.
A: Yes, Your Honor.
Q: Where were you on that date?
A: In the compound of Jaylord, Your Honor.
Q: In the afternoon of that date, do you know of any person who went to the place of businessman Dimal?
A: Yes, Your Honor.
Q: Who are they?
A: Lucio, Rosemarie and Gemma, Your Honor.
x x x x
Q: Do you know their purpose of going to the place of Jaylord Dimal?
A: They were supposed to collect payment of the palay that Jaylord asked me to gather, Your Honor?
Q: And where are those palay that Jaylord asked you to gather?
A: I was the one discarding the sacks of palay in the bodega of Jaylord, Your Honor.
Q: Who owns these palay that you are discarding?
A: Owned by Lucio and Rosemarie Pua, Your Honor.
Q: And why were they taken to the place of Jaylord Dimal?
A: They asked me to classify those palay and by agreement of Jaylord and the Pua's I discarded the palay in the bodega of Jaylord, Your Honor.
Q: Do you know how many cavans?
x x x x
A: 1,600 sacks, Your Honor.
Q: And where are they now those sacks of palay?
A: They are in the bodega or warehouse, Your Honor.
Q: Are those sacks of palay still there up to now?
A: Yes, Your Honor, they are still there.
Q: What happened in the afternoon of September 6, 2010 when Lucio and Rosemarie and Gemma was (sic) there in the house or place of Jaylord Dimal?
A: Jaylord Dimal went out from his house and he called for the three and went inside the house, Your Honor.
Q: And do you know what happened when they were inside the house?
A: Jaylord called for me inside the house when I received my payment as classifier and I saw them talking to each other, Your Honor.
Q: What happened next, if any?
A: Jaylord called me up but I was already in our house and I was busy giving wages to my laborers, when he summoned me to go to his house, "Kuya punta ka sandali dito," meaning "Kuya, please come here for a while."
Q: And did you go to the place of Jaylord?
A: Yes, Your Honor, I rode my motorcycle and went to the place.
Q: And what happened next?
A: When I arrived at the gate he asked me to enter the compound with my motorcycle, Your Honor.
Q: What happened next?
A: I asked him, "Bakit Boss?" meaning, "Why, Boss?"
Q: What happened next?
A: He answered, "Kuya yung mga tao patay na baka pwedeng
patulong." Meaning Kuya the people are already dead please help?
Q: What did you see from Jaylord [Dimal] when he told you the people were already dead?
A: I saw him holding a black 9mm pistol and when I saw the people lying bloody on the ground, I told him "Sir, hindi ko kaya", meaning "I cannot do it.
Q: How may times have you seen that gun which he was holding on that day September 6, 2010?
A: That night when he called for me, Your Honor.
Q: After the September 6, 2010 incident, have you went (sic) back to the place of Dimal.
A: No more, Your Honor.
Q: What are the things did you see (sic) when Dimal called for you and told you that these persons were already dead?
A: I saw these people lying on the ground bloody and they are already dead and I said, "hindi ko kaya", meaning "I cannot do it" and he replied, "Sige sibat kana," meaning "okay, just go."
Q: So, it is (sic) still possible that the gun held by Dimal is still in his house?
A: I think so that is still in his house because he keep (sic) it in one place, Your Honor.
Q: And you said he keep (sic) it in one place are you familiar where he is keeping it?
A: What I usually see, he placed it under the table where the laptop is and there drawers in it, Your Honor.[28] (Emphasis ours)
The undersigned Presiding Judge personally examined in the form of questions and answers in writing and under oath, the applicant Police Senior Inspector Roy Michael S. Malixi and the witnesses, namely: Edison Pua, Shaira Mae Eugenio, and Ernesto Villador, who all collaborated to the fact of death of Lucio Pua, Rosemarie Pua and Gemma Eugenio in Echague, Isabela. That witness Edison Pua went to the house of Jaylord Dimal after the commission of the crime and was able to see the blood-stained clothes of the victims:A description of a place to be searched is sufficient if the officer with the warrant can ascertain and identify with reasonable effort the place intended, and distinguish it from other places in the community.[34] A designation that points out the place to be searched to the exclusion of all others, and on inquiry unerringly leads the peace officers to it, satisfies the constitutional requirement of definiteness.[35] To the Court's view, the abovequoted search warrant sufficiently describes the place to be searched with manifest intention that the search be confined strictly to the place described. At any rate, petitioners cannot be heard to decry irregularity in the conduct of the search of the premises of the Felix Gumpal Compound because, as aptly ruled by the RTC, a Certification of Orderly Search was issued by the barangay officials, and the presumption of regularity in the performance of public duty was not sufficiently contradicted by petitioners.1) Lucio Pua's clothes; and 2) [Rosemarie] Pua's clothesOn the part of Shaira Mae Eugenio, she testified that before her mother Gemma Eugenio left her house, she wore faded pink long sleeves jacket and black T-shirt, and brought with her a shoulder bag and two (2) cellphones which are probably in the house of Jaylord Dimal. In the case of Ernesto Villador, he testified that he saw Jaylord Dimal holding a 9mm caliber pistol and testified that he usually keep said firearm under the computer table or drawers. He likewise testify (sic) that there were 1600 sacks of palay sold by the victims and brought to the Felix Gumpal Compound.
With the testimony of said witnesses and their Sinumpaang Salaysay and deposition of witness, it would readily show that there is probable cause to believe that in the house, particularly the Felix Gumpal Compound of Jaylord Dimallocated at Ipil Junction, Echague, Isabela, said items, to wit: blood-stained clothes of the victims, 1600 sacks of palay inside the warehouse in the Felix Gumpal Compound and 9mm cal. pistol are found.
The said Application for Search Warrant was filed before this Court due to compelling reasons for security and confidentiality purposes, considering that possibility of leakages of information once the application for search warrant is filed with the court within the area having territorial jurisdiction over it.
In view thereof, you are hereby commanded to search at any time of the day or night the premises of Felix Gumpal Compound located at Ipil Junction, Echague, Isabela, and forthwith seize and take possession of the following properties: blood-stained clothes of Rosemarie Pua, Lucio Pua, and Gemma Eugenio, either to take the 1,600 sacks of palay or just photograph the same, and the 9mm caliber pistol, and to bring the said articles to the custody of the Provincial Director of Isabela at the Provincial Police Office of Isabela under custodia legis, to be dealt with according to law.[33]
c. One (1) Black T-Shirt with suspected blood stain (Mark as E-26 with JAM markings)It bears stressing that the application for search warrant particularly described the victims' blood-stained clothes as follows: (1) Rosemarie Pua's green inner garment with black blazer and brownish pedal pants; (2) Lucio Pua's black shorts and pink polo shirt; and (3) Gemma Eugenio's maong pants, faded pink long sleeves jacket, and black striped t-shirt. Considering that only Gemma's clothes were described in Search Warrant No. 10-11 as specific as the circumstances will allow, the Court is constrained to hold as inadequately described the blood-stained clothes of Lucio and Rosemarie. Without the aid of the applicant's witnesses who are familiar with the victims' personal belongings, any other warrant officer, like P/Insp. Macadangdang who served the search warrant, will surely be unable to identify the blood-stained clothes of Lucio and Rosemarie by sheer reliance on the face of such warrant.
d. One (1) Black T-Shirt with red lining with suspected blood stain (Mark as E-15 with JAM markings)
a. Extracted suspected Blood stain (Mark as E-24 with JAM markings)With respect to the items under Return on the Search Warrant indicated as "articles recovered/seized in plain view during the conduct of the search," it is well settled that objects falling in plain view of an officer who has a right to be in a position to have that view are subject to seizure even without a search warrant and may be introduced in evidence.[50]
b. Extracted suspected Blood stain (Mark as E-25 with JAM markings)
x x x x
e. One (1) Bra color brown (tiger) (Mark as E-14 with JAM markings)
f. One (1) cell phone spare part (mark as E-16 with JAM markings)
g. One (1) cell phone spare part (mark as E-17 with JAM markings)
h. Palay husk with suspected blood stain (mark as E-28 with JAM markings)
i. Suspected blood stain (mark as E-25-A with JAM markings)
What the 'plain view' cases have in common is that the police officer in each of them had a prior justification for an intrusion in the course of which he carne inadvertently across a piece of evidence incriminating the accused. The doctrine serves to supplement the prior justification-whether it be a warrant for another object, hot pursuit, search incident to a lawful arrest, or some other legitimate reason for being present unconnected with a search directed against the accused-and permits the warrantless seizure. Of course, the extension of the original justification is legitimate only where it is immediately apparent to the police that they have evidence before them; the 'plain view' doctrine may not be used to extend a general exploratory search from one object to another until something incriminating at last emerges.The first requisite of the "plain view doctrine" is present in this case because the seizing officer, P/Insp. Macadangdang, has a prior justification for an intrusion into the premises of the Felix Gumpal Compound, for he had to conduct the search pursuant to a valid warrant. However, the second and third requisites are absent, as there is nothing in the records to prove that the other items not particularly described in the search warrant were open to eye and hand, and that their discovery was unintentional.
a. One (1) pc torn cloth (Mark as E-1 with JAM markings)It bears emphasis that the "immediately apparent" test does not require an unduly high degree of certainty as to the incriminating character of the evidence, but only that the seizure be presumptively reasonable, assuming that there is a probable cause to associate the property with a criminal activity.[54] In view thereof, the 10 pieces of spent shell of calibre 0.22 ammo cannot be admitted in evidence because they can hardly be used in a 9mm caliber pistol specified in the search warrant, and possession of such spent shells are not illegal per se. Likewise, the following items supposedly seized under plain view cannot be admitted because possession thereof is not inherently unlawful: (a) 3 torn cloths; (b) black bag pack; (c) a piece of goldplated earing; (d) a suspected human hair; (e) a piece of embroidered cloth; (f) 3 burned tire wires; (g) empty plastic of muriatic acid; and (h) white t-shirt.
b. One (1) pc torn cloth (Mark as E-2 with JAM markings)
c. One (1) pc torn cloth (Mark as E-3 with JAM markings)
d. One (1) pc spent shell of caliber 22 (Mark as E-4 with JAM markings)
e. One (1) bag pack color black (Mark as E-5 with JAM markings)
f. One spent shell of caliber 22 (Mark as E-6 with JAM markings)
g. One spent shell of caliber 22 (Mark as E-7 with JAM markings)
h. One spent shell of caliber 22 (Mark as E-8 with JAM markings)
i. One spent shell of caliber 22 (Mark as E-9 with JAM markings)
j. One spent shell of caliber 22 (Mark as E-10 with JAM markings)
k. One spent shell of caliber 22 (Mark as E-11 with JAM markings)
l. One spent shell of caliber 22 (Mark as E-12 with JAM markings)
m. One spent shell of caliber 22 (Mark as E-13 with JAM markings)
x x x x
o. One spent shell of caliber 22 (Mark as 18 with JAM markings)
p. One (1) piece gold-plated earring (mark as E-19 with JAM markings)
q. Suspected human hair (mark as E-20 with JAM markings)
r. A piece of embroider[ed] cloth (mark as E-22 with JAM markings)
s. Three (3) burned Tire wires (mark as E-23 with JAM markings)
t. One (1) empty plastic bottle of Gleam muriatic acid (mark as E-27 with JAM markings)
x x x x
v. One (1) color white t-shirt (mark as E-30 with JAM markings)
1. Extracted suspected Blood stain (Marked as E-24 with JAM markings)Moreover, the two (2) Alien Certificates of Registration of Lucio Pua and Rosemarie Pua, and One (1) BOO Passbook in the name of Lucio Pua are directed to be returned to the respective heirs of said victims, while the live ammo of caliber 0.22 (marked as E-29 with JAM markings) shall remain in custodia legis pending the outcome of the criminal case that may be filed against petitioner Jaylord Dimal.
2. Extracted suspected Blood stain (Marked as E-25 with JAM markings)
3. One (1) Bra color brown (tiger) (Marked as E-14 with JAM markings)
4. One (1) cell phone spare part (marked as E-16 with JAM markings)
5. One (1) cell phone spare part (marked as E-17 with JAM markings)
6. Palay husk with suspected blood stain (marked as E-28 with JAM markings)
7. Suspected blood stain (marked as E-25-A with JAM markings)
8. One (1) pc torn cloth (Marked as E-1 with JAM markings)
9. One (1) pc torn cloth (Marked as E-2 with JAM markings)
10. One (1) pc torn cloth (Marked as E-3 with JAM markings)
11. One (1) pc spent shell of caliber 22 (Marked as E-4 with JAM markings)
12. One (1) bag pack color black (Marked as E-5 with JAM markings)
13. One spent shell of caliber 22 (Marked as E-6 with JAM markings)
14. One spent shell of caliber 22 (Marked as E-7 with JAM markings)
15. One spent shell of caliber 22 (Marked as E-8 with JAM markings)
16. One spent shell of caliber 22 (Marked as E-9 with JAM markings)
17. One spent shell of caliber 22 (Marked as E-10 with JAM markings)
18. One spent shell of caliber 22 (Marked as E-11 with JAM markings)
19. One spent shell of caliber 22 (Marked as E-12 with JAM markings)
20. One spent shell of caliber 22 (Marked as E-13 with JAM markings)
21. Two (2) Alien Certificate of Registration of Lucio Pua and Rosemarie Pua, and One (1) BDO Passbook in the name of Lucio Pua (mark as E-15 with JAM markings)
22. One spent shell of caliber 22 (Marked as E-18 with JAM markings)
23. One (1) piece gold-plated earring (marked as E-19 with JAM markings)
24. Suspected human hair (marked as E-20 with JAM markings)
25 A piece of embroider[ed] cloth (marked as E-22 with JAM markings)
26. Three (3) burned Tire wires (marked as E-23 with JAM markings)
27. One (1) empty plastic bottle of Gleam muriatic acid (marked as E-27 with JAM markings)
28. One (1) live ammo of caliber 22 (marked as E-29 with JAM markings)
29. One (1) color white t-shirt (marked as E-30 with JAM markings)