Case Digest (G.R. No. 104879)
Facts:
Elizalde Malaloan and Marlon Luarez v. Court of Appeals; Hon. Antonio J. Fineza; Hon. Tirso D.C. Velasco; and People of the Philippines, G.R. No. 104879, May 06, 1994, Supreme Court En Banc, Regalado, J., writing for the Court.On March 22, 1990, 1st Lt. Absalon V. Salboro of the CAPCOM Northern (now Central) Sector filed with the Regional Trial Court (RTC) of Kalookan City an application for a search warrant under alleged violation of P.D. No. 1866 (Illegal Possession of Firearms and Ammunitions), identifying the situs as No. 25 Newport St., corner Marlboro St., Fairview, Quezon City. On March 23, 1990, the RTC of Kalookan issued Search Warrant No. 95-90.
That same day CAPCOM executed the warrant at an Ecumenical Institute for Labor Education and Research (EILER) labor seminar being held at the named address; the inventory shows firearms, explosives and subversive documents were seized and 61 persons on the premises were brought to Camp Karingal, Quezon City. Most were later released, but petitioners — EILER instructors — were detained and subsequently indicted for violation of P.D. No. 1866 in Criminal Case No. Q-90-11757 before Branch 88, RTC Quezon City, presided over by Judge Tirso D.C. Velasco.
On July 10, 1990 petitioners filed a "Motion for Consolidation, Quashal of Search Warrant and For the Suppression of All Illegally Acquired Evidence" (and a supplemental motion) before the Quezon City court. On September 21, 1990 the Quezon City RTC consolidated the cases but denied the motion to quash, upholding the Kalookan-issued warrant and reasoning it fell within the category of “writs and processes” under paragraph 3(b) of the Interim Rules and Guidelines and could be served anywhere in the judicial region. A motion for reconsideration was denied on October 5, 1990.
Petitioners sought relief from the Court of Appeals; the CA issued a temporary restraining order on November 29, 1990 but ultimately, in CA-G.R. SP No. 23533 (Nov. 28, 1991), denied due course to their petition for certiorari and lifted the TRO, effectively affirming the trial court. The petitioners t...(Subscriber-Only)
Issues:
- May a court take cognizance of an application for a search warrant in connection with an offense allegedly committed outside its territorial jurisdiction?
- May a court issue a search warrant authorizing a search of a place located outside the issuing court’s territorial jurisdiction (i.e., may such a warrant be enforced outside that territorial boundary)?
- When a criminal action is already filed, which court has the primary authority to issue search warrants incident to that case, and under what circum...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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