PLDT vs. ALVAREZ (Sorry mahaba!!!) GR No. 17940 0 "ar#h $004 %A&TS To prevent or stop network fraud, PLDT’s ACP Detection Division ( ACPDD ( ACPDD)) regularly visits foreign countries to conduct market researc on various prepaid pone cards offered a!road tat allow teir users to make overseas calls to PLDT su!scri!ers in te Pilippines at a ceaper rate" During a test call placed at te PLDT#ACPDD office, te receiving pone reflected a PLDT telepone num!er ($#%$&'$%) as te calling calling num!er num!er used, used, as if te call call was origin originati ating ng from a local local telep telepone one in etro etro anila anila"" *pon *pon verification wit te PLDT’s +ntegrated Customer anagement (!illing) ystem, te ACPDD learned tat te su!scri!er of te reflected telepone num!er is A!igail -" -a.on Alvare." +t furter learned tat several lines are installed at tis address wit A!igail and /ernon -" -a.on ( respondents ), among oters, as su!scri!ers" To validate its findings, te ACPDD conducted various test calls and tey all revealed te same results" Te caller0id reflected telepone num!ers tat are in various names wit a common address" +t turned out tat te actual occupant of tese premises is also Alvare."
According to PLDT, ad an ordinary and legitimate call !een made, te screen of te caller#id#e1uipped receiving pone would not reflect a local num!er or any num!er at all" +n te cards tey tested, owever, once te caller enters te access and pin num!ers, te respondents would route te call via te via te internet to a local telepone num!er (in tis case, a PLDT telepone num!er) wic would connect te call to te receiving pone" ince calls troug te internet never pass te toll center of te PLDT’s +23, users of tese prepaid cards can place a call to any point in te Pilippines (provided te local line is 4DD# capa!le) witout te call appearing as coming from a!road" u!se1uently r" Lawrence 4arciso of te PLDT’s 5uality Control Division, togeter wit te operatives of te Pilippine 4ational Police ( PNP ( PNP ), ), conducted an ocular inspection at 6 st address" During te ocular inspection, A!igail -a.on allowed tem to gain entry and ceck te telepone installation witin te premises" *pon entering te ad7acent ad7acent room, tey noticed tat te PLDT telepone telepone lines were connected to te e1uipment situated at multo0layered rack" Te e1uipment room contained various devices" Te routers were connected to a unit tat as an outdoor antenna installed on te top of te roof" 8n te $ nd address, tey also found similar scenario" Police uperintendent 2il!ert C" Cru. filed a consolidated application for a searc warrant !efore 9udge 3rancisco 2" endiola of te -TC, for te crimes of teft and violation of PD 4o" &:6" According to PLDT, te respondents are engaged in a form of network fraud known as +nternational imple -esale ( ISR) ISR) wic amounts to teft under te -PC" +- is a metod of routing and completing international long distance calls using lines, ca!les, antennae and;or wave fre1uencies wic are connected directly to te domestic e, of te -PC ( SW A–1 and SW A–2) A–2) and of PD 4o" &:6, as amended ( SW B–1 and SW B–2) B–2 ) for te +- activities !eing conducted at te said premises" P4P searced te premises and a return was made wit a complete inventory of te items sei.ed" Te PLDT and te P4P filed wit te Department of 9ustice a 7oint complaint#affidavit complaint#affidavit for teft and for violation of PD 4o" &:6 against te respondents" -espondents filed wit te -TC a motion to 1uas te searc warrants essentially on te following grounds? first grounds? first , te -TC ad no autority to issue searc warrants wic were enforced in Para@a1ue City= second City= second , te enumeration of te items to !e searced and sei.ed lacked particularity= and third , tere
was no pro!a!le cause for te crime of teft" -TC denied it" -espondents filed a petition for certiorari wit CA" +t 1uased searc warrants 6 and $ for teft on te ground tat tey were issued for 'o *+,s-*- #r,m*s'. According to te CA, inerent in te determination of pro!a!le cause for te issuance of searc warrant is te accompanying determination tat an offense as !een committed" it respect it respect to S / a2 S /$ (for violation of PD 4o" &:6), te CA upeld paragraps one to si< of te enumeration of items su!7ect of te searc" Te CA eld tat te stock prase Bor similar e1uipment or device found in paragraps one to si< of te searc warrants did not make it suffer from generality since eac paragrap’s enumeration of items was sufficiently 1ualified !y te citation of te specific o!7ects to !e sei.ed and !y its functions wic are inerently connected wit te crime allegedly committed" Te CA, owever, nullified te ensuing paragraps, , % and >, for lack of particularity and ordered te return of te items sei.ed under tese provisions" ile te same stock prase appears in paragraps and %, te properties descri!ed terein # i.e., printer and scanner, software, diskette and tapes # include even tose for te respondentsE personal use, making te description of te tings to !e sei.ed too general in nature" it te denial of its motion for reconsideration, PLDT went to tis Court via tis -ule & petition" 3SSE eter te CA correctly ruled tat te -TC gravely a!used its discretion insofar as it refused to 1uas paragraps to > of F#l and F#$ 5ELD A. %rom -h* 6r,sm o R8* CA voided te searc warrant !y applying te doctrine in Century 3o< case wic added a new re1uirement in determining te pro!a!le cause for te issuance of searc warrant in copyrigt infringement cases # te production of te mas-*r -a6* for comparison wit allegedly pirate copies" C ruled tat te $: t Century 3o< case cannot !e retroactively applied to te instant case to 7ustify te 1uasal %0:'" GTeH petitionersE consistent position tat te order of te lower courtG,H <<< Gwic denied te respondentsEH motion to lift te order of searc warrantIH was properly issued, G!ecause tere wasH satisfactory compliance wit te ten prevailing standards under te law for determination of pro!a!le cause, is indeed well taken" wat distinguises Colu!ia from te present case is te focus of Colu!ia"s legal rationale" Colu!ia"s o#8s was not on weter te facts and circumstances would reasona!ly lead to te conclusion tat an offense as !een or is !eing committed and tat te o!7ects sougt in connection wit te offense were in te place to !e searced # te primary points of focus of te present case" Colu!ia"s focus was on :h*-h*r -h* evidence 6r*s*-*2 at the time -h* s*ar#h :arra:as a66,*2 or :as s8,#,*- to esta!lis te facts and circumstances re1uired for esta!lising pro!a!le cause to issue a searc warrant" " fffffffffff
4oneteless, Colu!ia serves as a neat guide for te CA to decide te respondentsE certiorari petition" +n Colu!ia, te Court applied te principle of non#retroactivity of its ruling in 2#th Centur$ %o&, 'hose finalit$ 'as not an issue, in reversing a CA ruling" Te Court’s attitude in tat case sould ave !een adopted !y te CA in te present case a fortiori since te ruling tat te CA relied upon was not yet final at te time te CA resolved to 1uas te searc warrants" /. R*;8,r*m*- o 6ar-,#8ar,-y o -h* s8b<*#- s*ar#h :arra-s Aside from te re1uirement of pro!a!le cause, te Constitution also re1uires tat te searc warrant must particularly descri!e te place to !e searced and te tings to !e sei.ed" Te re1uisite sufficient particularity is aimed at preventing te law enforcer from e
te warrant was issued sall !e sei.ed" Te re1uirement of specificity, owever, does not re1uire tecnical accuracy in te description of te property to !e sei.ed" pecificity is satisfied if te personal propertiesE description is as far as te circumstances will ordinarily allow it to !e so descri!ed" Te nature of te description sould vary according to weter te identity of te property or its caracter is a matter of concern" 8ne of te tests to determine te particularity in te description of o!7ects to !e sei.ed under a searc warrant is 'hen the thin(s descri!ed are liited to those 'hich !ear direct relation to the offense for wic te warrant is !eing issued" Additionally, te -ules re1uire tat a searc warrant sould !e issued Bin connection wit one specific offense to prevent te issuance of a scatter#sot warrant" : Te one#specific#offense re1uirement reinforces te constitutional re1uirement tat a searc warrant sould issue only on te !asis of pro!a!le cause" *nder te -ules, te following personal property may !e su!7ect of searc warrant? (i) te su!7ect of te offense= (ii) fruits of te offense= or (iii) tose used or intended to !e used as te means of committing an offense" +n te present case, we sustain te CA’s ruling nullifying paragraps , % and > of F#l and F#$ for failing te test of particularity" ore specifically, tese provisions do not sow ow te enumerated items could ave possi!ly !een connected wit te crime for wic te warrant was issued, i.e., P"D" 4o" &:6" %or #ar,-y= PD No. 401 68,sh*s>
ection 6" Any person wo ,s-as any water, electrical, -**6ho* or piped gas #o*#-,o :,-ho8- 6r*v,o8s a8-hor,-y rom <<< -h* Ph,,66,* Lo? D,s-a#* T**6ho* &om6ay, <<<, tampers and;or uses tampered water, electrical or gas meters, 7umpers or oter devices were!y water, electricity or piped gas is stolen= steals or pilfers water, electric or piped gas meters, or water, electric and;or telepone wires, or piped gas pipes or conduits= knowingly possesses stolen or pilfered water, electrical or gas meters as well as stolen or pilfered water, electrical and;or telepone wires, or piped gas pipes and conduits, sall, upon conviction, !e punised wit prision correccional in its minimum period or a fine ranging from two tousand to si< tousand pesos, or !ot" ' Para?ra6hs 7 -o o S / a2 S /$ r*a2 as oo:s>
" C8P*TJ- P-+4TJ- A4D CA44J- or any similar e1uipment or device used for copying and;or printing data and;or information= %" 83TA-J, D+KJTTJ, TAPJ or any similar e1uipment or device used for recording or storing information= and >" anuals, pone cards, access codes, !illing statements, receipts, contracts, cecks, orders, communications and documents, lease and;or su!scription agreements or contracts, communications and documents relating to securing and using telepone lines and;or e1uipmentG"H Te fact tat te printers and scanners are or may !e connected to te oter illegal connections to te PLDT telepone lines does not make tem te su!7ect of te offense or fruits of te offense, muc less could tey !ecome a means of committing an offense" +t is clear from PLDT’s su!mission tat it confuses te crime for wic SW B–l and SW B–2 were issued wit te crime for wic SW A–l and SWA–2 were issued? F#l and F#$ were issued for violation of PD 4o" &:6, to !e enforced in two different places as identified in te warrants" Te crime for wic tese searc warrants were issued
does not pertain to te crime of teft # were matters of personal property and te taking tereof wit intent to gain !ecome significant # !ut to PD 4o" &:6" at PD 4o" &:6 punises is te unautori.ed installation of telepone connection witout te previous consent of PLDT" +n te present case, PLDT as not sown tat connecting printers, scanners, diskettes or tapes to a computer, even if connected to a PLDT telepone line, would or sould re1uire its prior autori.ation" 4eiter could tese items !e a means of committing a violation of PD 4o" &:6 since tese copying, printing and storage devices in no way aided te respondents in making te unautori.ed connections" ile tese items may !e accessory to te computers and oter e1uipment linked to telepone lines, PD 4o" &:6 does not cover tis kind of items witin te scope of te proi!ition" To allow te sei.ure of items under te PLDT’s interpretation would, as te CA correctly o!served, allow te sei.ure under te warrant of properties for personal use of te respondents" +f PLDT seeks te sei.ure of tese items to prove tat tese installations contain te respondentsE financial gain and te corresponding !usiness loss to PLDT, ten tat purpose is served !y A#l and A#$ since tis is wat PLDT essentially complained of in carging te respondents wit teft" owever, te same reasoning does not 7ustify its sei.ure under a warrant for violation of PD 4o" &:6 since tese items are not directly connected to te PLDT telepone lines and PLDT as not even claimed tat te installation of tese items re1uires prior autori.ation from it"