Dear Atty. Angela,

I have been living with some college roommates in an apartment for several years now. One evening, PDEA agents without announcing their presence, banged our door and barged in. They searched our apartment and found sachets of marijuana in the cabinet of my roommate. When we asked if they had a search warrant, it did not contain our address but only the name of our compound and Barangay. A case was then filed against my roommate for illegal possession of dangerous drugs. Is there a basis for the PDEA to file a case even when the search warrant was not specific on the location to be searched?

Don

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Dear Don,

Since the address in the search warrant was not specific, there is a defective warrant and the case may be dismissed.

In the case of People of the Philippines v. Lucky Enriquez y Casipi, G.R. 264473 (2024), the Court emphasized that search warrants must clearly define the location to be searched; otherwise, they are invalid for violating the right against unlawful searches and seizures.

The Constitution requires a valid search warrant to particularly describe the place to be searched. A search warrant that is too broad or a general warrant is prohibited. This requirement is crucial to prevent enforcing officers from deciding on their own where to search and whom and what to seize.

Also, searches must be announced and made with the lawful occupants of the house as witnesses or, if they are unavailable, two residents in the same area.

According to Rule 126, Sections 7 and 8 of the Rules of Court, government agents must first identify themselves and ask for permission to enter the place they want to search. They can only force their way in if they are denied entry. This rule protects both the person being served with the warrant and the agents from possible violence that could happen from an unannounced entry.

Atty. Angela Antonio