G.R. No. 78631 June 29, 1993
Columbia Pictures, Inc., Orion Pictures Corp., Paramount Pictures Corp., Twentieth Century Fox Film Corp., United Artists Corp., Universal City Studios, Inc., The Walt Disney Company, and Warner Bros., Inc., petitioners, vs. Hon. Judge Alfredo C. Flores, FGT Video Network, Inc., Manuel Mendoza, Alfredo C. Ongyanco, Eric Apolonio, Susan Yang and Eduardo A. Yotoko, respondents.

FACTS

Petitioners, foreign corporations represented by the Motion Picture Association of America (MPAA), filed a complaint with the National Bureau of Investigation (NBI) against video establishments, including private respondent FGT Video Network, Inc. (FGT), for alleged violation of intellectual property laws. Based on surveillance and evidence gathered by an NBI agent who had copyrighted films reproduced by FGT, NBI Agent Lauro C. Reyes applied for a search warrant. Respondent Judge Alfredo C. Flores issued Search Warrant No. 45, authorizing the seizure of (a) pirated video tapes of copyrighted films, (b) related promotional and business materials, and (c) television sets, video cassette recorders, rewinders, tape head cleaners, accessories, equipment, and other machines and paraphernalia used or intended to be used in the unlawful sale, lease, or distribution of the pirated tapes. The NBI executed the warrant and seized various items, including equipment. FGT filed an urgent motion for the immediate release of the seized equipment and accessories, arguing it was a licensed distributor and reproducer and that the equipment was not contraband. The respondent judge granted the motion, ordering the release and return of the television sets, VCRs, rewinders, cleaners, accessories, and other paraphernalia, while retaining the seized video cassette tapes. Petitioners filed this petition for certiorari to set aside that order.

ISSUE

Whether or not the lower court acted with grave abuse of discretion amounting to lack of jurisdiction in ordering the immediate release and return of some of the items seized by virtue of the search warrant.

RULING

The Supreme Court dismissed the petition and affirmed the assailed order. The Court held that paragraph (c) of Search Warrant No. 45, which authorized the seizure of “television sets, video cassette recorders, rewinders, tape head cleaners, accessories, equipment and other machines and paraphernalia or materials used or intended to be used in the unlawful sale, lease, distribution…” was too all-embracing and constituted a general warrant, which is constitutionally objectionable. The Court reasoned that such articles are generally connected with a legitimate video business and their inclusion without particularity that they were instruments in violating the law made the warrant too general. The respondent judge was merely correcting his own error in issuing the overly broad warrant, as FGT was a licensed entity with a right to possess such equipment. The Court found no grave abuse of discretion and commended the judge for rectifying the error to protect constitutional rights. The temporary restraining order previously issued was vacated.