ASIAN SURETY and INSURANCE COMPANY vs HON.

JOSE HERRERA
Facts:
Petition to quash and annul a search warrant issued by respondent Judge Jose Herrera of the
City Court of Manila, and to command respondents to return immediately the documents,
papers, receipts and records alleged to have been illegally seized thereunder by agents of the
National Bureau of Investigation (NBI) led by respondent Celso Zoleta, Jr.
On October 27, 1965, respondent Judge Herrera, upon the sworn application of NBI agent Celso
Zoleta, Jr. supported by the deposition of his witness, Manuel Cuaresma, issued a search
warrant in connection with an undocketed criminal case for estafa, falsification, insurance
fraud, and tax evasion, against the Asian Surety and Insurance Co., a corporation duly organized
and existing under the laws of the Philippines, with principal office at Room 200 Republic
Supermarket Bldg., Rizal Avenue, Manila.
Armed with the search warrant Zoleta and other agents assigned to the Anti-graft Division of
the NBI entered the premises of the Republic Supermarket Building and served the search
warrant upon Atty. Alidio of the insurance company, in the presence of Mr. William Li Yao,
president and chairman of the board of directors of the insurance firm. After the search they
seized and carried away two (2) carloads of documents, papers and receipts.
Issue:
Whether or not the search warrant is void.
Ruling:
In the case at bar, the search warrant was issued for four separate and distinct offenses of : (1)
estafa, (2) falsification, (3) tax evasion and (4) insurance fraud, in contravention of the explicit
command of Section 3, Rule 126, of the Rules providing that: "no search warrant shall issue for
more than one specific offense."
PREMISES CONSIDERED, petition is hereby granted; the search warrant of October 27, 1965, is
nullified and set aside, and the respondents are hereby ordered to return immediately all
documents, papers and other objects seized or taken thereunder. Without costs.