Case Digest (G.R. No. L-69899)
Facts:
In Rommel Corro v. Hon. Esteban Lising et al. (222 Phil. 77, July 15, 1985), petitioner Rommel Corro, publisher-editor of the Philippine Times, maintained his newspaper office at 610 Mezzanine Floor, Gochengco Building, Ermita, Manila. On September 29, 1983, Judge Esteban Lising of the Quezon City RTC, Branch XCV, issued Search Warrant No. Q-00002 on application of Lt. Col. Berlin Castillo (PC-CIS) to seize “printed copies of Philippine Times,” “manuscripts/drafts,” “newspaper dummies,” “subversive documents” and all “typewriters, duplicating machines, mimeographing and tape recording machines” allegedly used for the crime of inciting to sedition under Art. 142, RPC as amended by PD 1835. The police executed the warrant forthwith, confiscated assorted negatives, lay-outs, dummies, copies of the newspaper, tapes and two typewriters, and padlocked the office. On November 6, 1984, Corro moved in Branch XCV to recall the warrant and return his properties, arguing lack of nexus betweCase Digest (G.R. No. L-69899)
Facts:
- Issuance and execution of search warrant
- On September 29, 1983, RTC Judge Esteban Lising, Branch XCV, Quezon City, issued Search Warrant No. Q-00002 upon application of Lt. Col. Berlin Castillo, PC-CIS, authorizing the search and seizure of:
- Printed copies, manuscripts/drafts, and dummies of the Philippine Times.
- Subversive documents, handbills, leaflets, banners.
- Typewriters, duplicating machines, mimeographing, tape‐ and video-recording machines.
- The same day, military and fiscal officers executed the warrant at the Philippine Times office (610 Mezzanine Floor, Gochengco Bldg., Ermita, Manila), seizing:
- Bundles of negatives, layouts, articles, dummies, assorted issues of the Philippine Times.
- Tapes of speeches, two typewriters (Remington, Adler), and various paraphernalia.
- The office was padlocked, halting publication; petitioner Rommel Corro was detained and charged with inciting to sedition before the Quezon City City Fiscal’s Office.
- Petitioner’s motions and lower court resolution
- On November 6, 1984, petitioner filed an urgent motion to recall the warrant and to return seized items, arguing:
- The seized equipment and materials were not intrinsically instruments of sedition.
- Agrava Board findings rendered moot any sedition or libel charge.
- On January 28, 1985, RTC Branch XCV denied the motion, holding that the seized items formed part of the prosecution’s evidence in another branch (Branch 98) and that the proper forum for their return was the City Fiscal.
- Petition to the Supreme Court
- Petitioner filed a petition for certiorari and mandamus (with application for preliminary injunction), praying that:
- Search Warrant No. Q-00002 be declared null and void ab initio.
- Seized items be returned and respondents be enjoined from using them in Criminal Case No. 83-Q-29243.
- The Philippine Times office be reopened.
- By Resolution of February 19, 1985, this Court granted a temporary restraining order enjoining respondents from introducing the seized items as evidence pending final resolution.
Issues:
- Whether petitioner’s failure to file a motion for reconsideration before RTC Branch XCV renders the petition to the Supreme Court premature.
- Whether the search warrant complied with constitutional and procedural requisites of probable cause and particularity.
- Whether the padlocking and sealing of the Philippine Times office constitute an unconstitutional prior restraint on freedom of the press.
- Whether the petition is barred by laches due to petitioner’s delay in seeking recall of the warrant.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)