Title
Laud vs. People
Case
G.R. No. 199032
Decision Date
Nov 19, 2014
PNP sought a search warrant for caves in Davao City to recover remains of alleged "Davao Death Squad" victims. Despite jurisdictional and procedural challenges, the Supreme Court upheld the warrant, citing probable cause, specific description, and exemption for heinous crimes.
search warrant
lack of jurisdiction
probable cause
A

Case Digest (G.R. No. 199032)

Facts:

  • Search Warrant Application
    • On July 10, 2009, the Philippine National Police (PNP), through Police Senior Superintendent Roberto B. Fajardo, filed with the Regional Trial Court (RTC) of Manila, Branch 50, an application for Search Warrant No. 09-14407 to search three caves inside the Laud Compound, Barangay Ma-a, Davao City.
    • The application was supported by the testimony of Ernesto Avasola, who claimed he personally witnessed the December 2005 killing of six persons by the “Davao Death Squad” and participated in burying their remains in the caves.
  • Issuance and Execution of the Warrant
    • Acting Vice-Executive Judge William Simon P. Peralta found probable cause and issued Search Warrant No. 09-14407.
    • On July 15, 2009, PNP–CIDG and Scene of the Crime Operatives executed the warrant and discovered human remains in the three caves.
  • Motions to Quash, RTC and CA Proceedings
    • On July 20, 2009, retired SPO4 Bienvenido Laud filed a motion to quash and suppress evidence, alleging:
1) Judge Peralta lacked authority due to prior administrative penalties; 2) Manila-RTC lacked jurisdiction to issue a warrant enforceable in Davao City; 3) human remains are not proper subjects of a search warrant; 4) mandatory exhumation procedures were not followed; 5) lack of probable cause; 6) violation of the rule against forum shopping; 7) failure to specify one offense and particular place/things.
  • On July 23, 2009, the Manila-RTC granted the motion without detailed reasons. Its December 8, 2009 Order denying reconsideration cited lack of compelling reason for Manila-RTC jurisdiction, stale facts undermining probable cause, and forum shopping.
  • The People petitioned the Court of Appeals (CA). On April 25, 2011, the CA annulled the Manila-RTC Orders for grave abuse of discretion, holding that:
1) the Manila-RTC had jurisdiction under A.M. No. 03-8-02-SC’s exception for heinous crimes; 2) probable cause was shown by Avasola’s first-hand testimony and in-cave bone discovery; 3) delay was justified by witness fear; 4) no forum shopping.
  • Laud’s motion for reconsideration before the CA was denied on October 17, 2011.

Issues:

  • Whether administrative penalties divested Judge Peralta of authority to issue Search Warrant No. 09-14407.
  • Whether the Manila-RTC had jurisdiction to issue the warrant despite non-compliance with the “compelling reasons” requirement under Section 2, Rule 126, Rules of Court.
  • Whether the warrant complied with probable cause, particular description, and the one-specific-offense rule (Section 4, Rule 126).
  • Whether the PNP violated the rule against forum shopping.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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