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Republic of the Philippines

Regional Trial Court


Seventh Judicial Region
Branch 28
Mandaue City

BUREAU OF INTERNAL Criminal Case No.


REVENUE, For:
Plaintiff,

versus

UNIFISH PACKING CORPORATION


AND FRANK UY,
Defendants.
x----------------------x

ORDER

Before this Court is a motion to quash filed by Unifish Packing


Corporation and Frank Uy dated 31 March 1995.

Accused-movant alleged that the Search Warrants issued on 1 October


1993 by Judge Mercedes Gozo-Dadole have the following defects which
command there nullification:
1. inconsistencies on the names of the person against whom the search
warrant was issued;

2. inconsistencies on the description of the place to be searched;

3. the non- existence of probable cause that would justify the issuance of
the warrants; and

4. things to be searched were not described with particularity.

These defects would render the object seized inadmissible in


evidence.

After a judicious assessment of Unifish and Frank Uy's Motion to


Quash, this Court finds that it lacks merit.
Contrary to their claim, the requirements for the issuance of search
warrants were duly complied with by this Court with the consideration of the
constitutional proscription against illegal search and seizure.

This Court finds that the current issues interposed by Unifish and
Frank Uy are without merit for the following reasons:

1. The search warrant is issued for the search of the specifically


described premises and not for the search of the person. Therefore,
it is not a fatal defect if the name of the owner of the premises
sought to be searched is incorrectly inserted in the search warrant;

2. The Search Warrant A-1 is superseded by search warrant A-2.


Search warrant A-2 was issued to correct the inconsistencies in the
address of Search Warrant A-1;

3. Witness, Rodrigo Abos, as former Operating Chief of Unifish,


detailed the schemes employed by Frank Uy and Unifish.
Therefore, he has personal knowledge of the facts he testified. The
contents of the deposition clearly demonstrate otherwise; and

4. The description of the things to be seized conforms with the


requirements set forth by Constitution as it was specified with
particularity.

WHEREFORE, in light of the foregoing, the Motion to Quash


assailing the validity of the Search Warrant No. 93-10-79 for Violation of
Sec. 253 dated 1 October 1993 is DENIED for lack of merit.

SO ORDERED.

Mandaue City, Cebu, Philippines, 17 July 1995.

(Sgd.) MERCEDES GOZO-DADOLE


Presiding Judge