Corro v.

Lising
Corro is the publisher and editor of the Philippine Times, whose
offices were subjected tosearch and seizure of items and articles
that were used and being used as instruments andmeans of
committing the crime of inciting to sedition.
Facts:
1.Petitioner (Rommel Corro) is publisher and editor of the
Philippine Times.
2.Upon application filed by Lt. Col. Berlin Castillo of the PCCriminal InvestigationService, respondent (RTC Judge Esteban
Lising) issued a search warrant onSeptember 29, 1983,
authorizing the search and seizure of: (a) printed copies
ofPhilippine Times, (b) manuscripts/drafts of articles for
publication in the PhilippineTimes, (c) newspaper dummies of the
Philippine Times, (d) subversive documents,articles, printed
matters, handbills, leaflets, banners, and (e)
typewriters,duplicating machines, mimeographing and tape
recording machines, videomachines and tapes. Said items/articles
were used and being used as instrumentand means of committing
the crime of inciting to sedition (Article 142).
3.On November 6, 1984, petitioner filed an urgent motion to recall
warrant and toreturn documents/personal properties alleging,
among others that said seizedproperties were not in any way
connected with the offense of inciting to seditionand that the
documents/papers seized has been rendered moot and academic
dueto the findings of the Agrava Board having exclusive
jurisdiction to determine thefacts and circumstances behind the
killing of Ninoy Aquino that a military conspiracy was
responsible for Ninoy Aquinos slaying. Said motion was denied by
respondent.
Ruling:
1. Probable cause, as defined in Burton v. St. Paul, M&M. Ry.
Co., is constituted by such reasons, supported by facts
and circumstances, as will warrant a cautious man in the
belief that his actions, and the means taken in prosecuting
it, are legally just and proper. Thus, an application for

search warrant must state with particularity the alleged

subversive materials published or intended to be published
by the petitioner.
2. A search warrant should particularly describe the place to be
searched and thethings to be seized. The evident purpose
and intent of this requirement is to limit the things to be
seized to those, and only those, particularly described in the
searchwarrant to leave the officers of the law with no
discretion regarding what articlesshould they should seize, to
the end that unreasonable searches and seizures maynot be
committed.
3. The statement of Col. Castillo in his affidavit state that they
have found that the said publication in fact foments distrust
and hatred against the government of the Philippines and its
duly constituted authorities, together with Lt. Ignacios
statement that said periodical contains articles tending to
incite distrust and hatred for the Philippine Government, is
a mere conclusion of law and would not satisfy the
requirements of probable cause.