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Microsoft Corporation vs. Maxicorp, Inc.
Microsoft Corporation vs. Maxicorp, Inc.
Facts:
In July 1996, NBI agents, armed with the search warrants, searched premises and seized
property in the Maxicorps premises for violation of PD 49 and Article 189 of the RPC.
Maxicorp filed a motion to quash the search warrants because there was no probable cause
and that the warrants are in the form of "general warrants."
The RTC found probable cause. The Court of Appeals reversed the RTCs ruling.
Issue:
Whether or not the search warrants are valid on the ground that there is there was no
probable cause to issue the search warrants and that are general warrants.
Held:
On Probable Cause. The testimonies of these two witnesses, coupled with the object and
documentary evidence they presented, are sufficient to establish the existence of probable
cause.
Copyright infringement and unfair competition are not limited to the act of selling counterfeit
goods.
The Constitution and the Rules of Court only require that the judge examine personally and
thoroughly the applicant for the warrant and his witnesses to determine probable cause.
On the Nature of General Warrants. It is only required that a search warrant be specific as far
as the circumstances will ordinarily allow. The description of the property to be seized need
not be technically accurate or precise.
Measured against this standard we find that paragraph is not a general warrant.
No provision of law exists which requires that a warrant, partially defective in specifying some
items, should be nullified as a whole.
A partially defective warrant remains valid as to the items specifically described in the warrant.