G.R. No. 124461 - THE PEOPLE OF THE PHILIPPINES, VS. THE HONORABLE JUDGE ESTRELLA T. ESTRADA, PRESIDING JUDGE, RTC, BRANCH 83, QUEZON CITY; AND AIDEN LANUZA.

Ruling

Accordingly, the order dated July 3, 1995 was revoked and all the articles seized were declared inadmissible in any and all proceedings against private respondent Aiden Lanuza. Also, the BFAD was ordered to return at its expense all the seized items to the warehouse of Folk Arts Import & Export Company at Lot No. 38, 516 San Jose de la Montana St., Mabolo, Cebu City within a period of fifteen (15) days from notice of the said order. [14] Petitioner's motion for reconsideration of the December 7, 1995 order was denied in an order [15] dated April 1, 1996, impelling petitioner to file the present petition asserting that the respondent Judge erred: a) In holding that the defect appearing in BFAD's application for a search warrant is so "grave" in nature as to warrant quashal of the search warrant issued thereunder, considering that such variance is actually a harmless clerical error. b) In holding that Atty. Cabanlas was not authorized by the BFAD to apply for a search warrant concerning the unlicensed distribution of drugs, considering that the grant of BFAD authorization upon her to investigate fake, misbranded, adulterated or unregistered drugs necessarily contemplates the authority to investigate the unlicensed activities above noted. c) In holding that applicant BFAD had failed to discharge the burden of proving probable cause for issuance of a search warrant, by failing to present documentary proof indicating that private respondent had no license to sell or distribute drug products, considering that under the authority of Carillo v. People (229 SCRA 386) the BFAD only had the burden of proving the negative ingredient of the offense charged on the basis of the best evidence procurable under the circumstances. d) In holding that the place sought to be searched had not been described with sufficient particularity in SW No. 958 (95), considering that Aiden Lanuza's residence at Lot No. 41, 516 San Jose de la Montana St., Mabolo, Cebu City was not so conspicuously or notoriously represented to the public as such by her as to contradict the investigating and serving officers' perception of the outward appearance of her dwelling, which led them to believe that the more general address of 516 San Jose de la Montana St., Mabolo, Cebu City referred to her dwelling. e) In ordering the return of the things seized, the possession of which is prohibited. [16] We granted the petitioners application for the issuance of a temporary restraining order in a resolution [17] dated June 26, 1996 and restrained the implementation of the assailed orders, effective immediately and until further orders from this Court. Private respondent Aiden Lanuza later filed her comment [18] on the petition, but petitioner's reply thereto was not admitted by this Court in a resolution [19] dated January 13, 1997, for failure by the Solicitor General to file the same within his first extension of thirty (30) days, that was granted, but with a warning that no further extension would