Judge issues warrant to search "Wave" motorcycles instead of "Honda"
In Bache and Co. (Phil.), Inc. v. Judge Ruiz, it was pointed out that one of the tests to determine the particularity in the description of objects to be seized under a search warrant is when the things described are limited to those which bear direct relation to the offense for which the warrant is being issued. A reading of the search warrants issued by the trial court in this case reveals that the items to be seized, including motorcycles, are those which are connected with the alleged violation of Section 168 in relation to Section 170 of Republic Act No. 8293, notwithstanding the use of the generic word WAVE. The Supreme Court, therefore, adopt the following finding of the appellate court:
The Supreme Court may say this of the Wave motorcycles. It is evident that Wave is the model name of the motorcycles produced by the (herein respondents) Honda and, therefore, any imitation unit that is in the possession of the (herein petitioners) and carries the name Wave is the fit object of the warrants whether some other name or figure is affixed to it or not. The name Wave CX 110 is but a [species] of units under the generic name Wave. The warrant that directs the seizure of Wave logically includes Wave CX 110 and is by no means converted into a roving commission when it allows the officer to seize it. (G.R. No. 172775; December 19, 2007)
The Supreme Court may say this of the Wave motorcycles. It is evident that Wave is the model name of the motorcycles produced by the (herein respondents) Honda and, therefore, any imitation unit that is in the possession of the (herein petitioners) and carries the name Wave is the fit object of the warrants whether some other name or figure is affixed to it or not. The name Wave CX 110 is but a [species] of units under the generic name Wave. The warrant that directs the seizure of Wave logically includes Wave CX 110 and is by no means converted into a roving commission when it allows the officer to seize it. (G.R. No. 172775; December 19, 2007)
