Case Digest (G.R. No. 104879)
Facts:
In ELIZALDE MALALOAN and MARLON LUAREZ v. COURT OF APPEALS et al. (G.R. No. 104879, May 6, 1994), 1st Lt. Absalon V. Salboro sought a search warrant on March 22, 1990 before Judge Antonio J. Fineza of the Regional Trial Court (RTC), Branch 131, Kalookan City, alleging illegal possession of firearms and ammunitions (P.D. 1866) at No. 25 Newport Street, Fairview, Quezon City. On March 23, 1990, Search Warrant No. 95-90 was issued and executed at a labor seminar hosted by the Ecumenical Institute for Labor Education and Research, where firearms, explosives, and subversive documents were seized and 61 persons transported to Camp Karingal. All but the petitioners—EILER instructors—were released; Malaloan and Luarez were charged before RTC Branch 88, Quezon City (Judge Tirso D.C. Velasco). On July 10, 1990, they moved to quash the search warrant and suppress evidence. The RTC denied relief on September 21 and October 5, 1990. A petition for certiorari before the Court of Appeals (CA)Case Digest (G.R. No. 104879)
Facts:
- Application and Issuance of Search Warrant (March 22–23, 1990)
- 1st Lt. Absalon V. Salboro of CAPCOM Northern Sector filed with RTC Branch 131, Kalookan City an affidavit–application for Search Warrant No. 95-90, alleging violation of P.D. 1866 (Illegal Possession of Firearms and Ammunition) at No. 25 Newport St., Fairview, Quezon City.
- On March 23, 1990, the RTC–Kalookan issued the warrant. CAPCOM executed it at around 2:30 p.m., seizing firearms, explosives, subversive documents, and detaining sixty-one (61) persons at Camp Karingal, Quezon City.
- Indictment and Motions to Quash (July–October 1990)
- All detainees were later released except petitioners Elizalde Malaloan and Marlon Luarez (EILER instructors), who were indicted for violation of P.D. 1866 in Criminal Case No. Q-90-11757 before RTC Branch 88, Quezon City (Presiding 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. On September 21, 1990, the Quezon City court denied quashal, upheld the warrant, and consolidated the cases. Reconsideration was denied on October 5, 1990.
- Proceedings in the Court of Appeals and Supreme Court
- Petitioners sought certiorari in the Court of Appeals; a temporary restraining order (TRO) issued November 29, 1990 was later dissolved. On November 28, 1991, the CA in CA-G.R. SP No. 23533 denied the petition.
- Petitioners elevated the case to the Supreme Court, framing the issue: whether a court may issue a search warrant for an offense and a place located outside its territorial jurisdiction.
Issues:
- Venue and Jurisdiction to Issue a Search Warrant
- May the RTC of Kalookan City entertain an application for a search warrant in connection with an alleged offense committed in Quezon City?
- If a criminal action is later filed in Quezon City, does that court alone have the power to issue or quash the search warrant?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)