Case for guns dropped due to vague warrant

Because the search warrant failed to describe the place to be searched the court dismissed the illegal possession of firearm case filed against a Talisaynon.

Last January 25 a search was conducted at the house of Edwin Malubay in barangay Lagtang, Talisay City. Found from his house were a .45 cal. pistol, a .38 cal. Smith & Wesson revolver, a homemade 12-gauge shotgun, eight live shotgun rounds and holsters for handguns.

The police had a search warrant issued by executive judge Simeon Dumdum, but RTC Branch 21 judge Eric Menchavez said that the "search warrant failed to describe the place of residence of the accused with particularity. It simply authorizes a search on the residence of Malubay."

He said Malubay has two residences in that barangay, the one he occupies and the other owned by his mother. The one searched was his mothers' house.

And because the search warrant did not clarify the place to be searched as there were 1,800 houses in that said barangay "the search warrant gave the police officers unbridled and thus illegal authority to search all the structures found in barangay Lagtang."

Because of this, the court resolved that the search warrant dated January 21 was ordered quashed, the firearms and ammunitions forfeited in favor of the government and the case dismissed.