G.R. No. L-45358; January 29, 1937
NARCISO ALVAREZ, petitioner, vs. THE COURT OF FIRST INSTANCE OF TAYABAS and THE ANTI-USURY BOARD, respondents.

FACTS

The Anti-Usury Board obtained a search warrant from the Court of First Instance of Tayabas based on an affidavit from its chief of secret service. The affidavit was based on information from a reliable person, not on the affiant’s personal knowledge. The warrant authorized a search of petitioner Narciso Alvarez’s house and seizure of “books, documents, receipts, lists, chits and other papers” used in his alleged usurious money-lending activities. Agents executed the warrant at night, seizing numerous documents. Alvarez challenged the warrant’s legality, arguing the search and seizure were unconstitutional and the subsequent court orders allowing the Anti-Usury Board to retain the seized documents were invalid.

ISSUE

Whether the search warrant was issued in violation of constitutional requirements, thereby rendering the search and seizure illegal.

RULING

Yes. The Supreme Court declared the search warrant and the subsequent seizure illegal and set them aside. The warrant was void because the supporting affidavit was based merely on “reliable information” and not on the personal knowledge of the affiant, as required by law. The Court ordered the immediate return of the seized documents to the petitioner. The decision emphasized that a warrant issued upon an affidavit not based on the affiant’s own knowledge is unlawful.

AI Generated by Armztrong.