Case Digest (A.M. No. P-17-3652)
Facts:
On July 30, 2007, Special Investigator Garry Menez of the NBI sought a search warrant from the Regional Trial Court, Manila to search the premises of Fredrik Felix P. Nogales, Giancarlo P. Nogales, Rogelio P. Nogales, Melinda P. Nogales, Priscila B. Cabrera, Phil-Pacific Outsourcing Services Corporation and 3 X 8 Internet, represented by its proprietor Michael Christopher A. Nogales for pornographic materials allegedly in violation of Article 201 of the Revised Penal Code and R.A. 8792; the warrant issued after an August 3, 2007 hearing and operatives seized computer units and peripherals on August 7, 2007. Petitioners moved to quash and for return of property; the RTC denied quashal but on August 6, 2008 partially ordered return of monitors while retaining CPUs and softwares in NBI custody; the Court of Appeals on August 19, 2009 affirmed with modification ordering removal and destruction of hard disks and conditional return or destruction of softwares, prompting this Rule 65 p Case Digest (A.M. No. P-17-3652)
Facts:
- Parties and capacities
- Petitioners: Fredrik Felix P. Nogales, Giancarlo P. Nogales, Rogelio P. Nogales, Melinda P. Nogales, Priscila B. Cabrera, Phil-Pacific Outsourcing Services Corporation and 3 x 8 Internet, represented by proprietor Michael Christopher A. Nogales.
- Respondents: People of the Philippines and Presiding Judge Tita Bughao Alisuag of Branch 1, Regional Trial Court, Manila.
- Application for search warrant and statutory allegations
- On July 30, 2007, Special Investigator Garry Menez of the National Bureau of Investigation applied for a search warrant docketed as Search Warrant Proceedings No. 07-11685.
- The sworn application alleged possession at the Mezzanine Floor, Glorietta De Manila Building, 776 San Sebastian St., University Belt, Manila, of materials used in creation and selling of pornographic internet websites in violation of Art. 201 of the Revised Penal Code, as amended, in relation to R.A. 8792 (Electronic Commerce Act).
- The application listed items to be seized, including computer sets, television sets, internet servers, fax machines, pornographic films and other pornographic materials, web cameras, telephone sets, photocopying machines, list of clients, and other tools and materials.
- RTC hearing and issuance of search warrant
- On August 3, 2007, Judge Alisuag personally examined SI Menez and two witnesses in court; witnesses’ affidavits were admitted as supporting evidence.
- On August 3, 2007, the RTC granted the application and issued the search warrant commanding any peace officer to search the described premises and seize the enumerated items, with a return due within ten days.
- Implementation and return of search warrant
- On the morning of August 7, 2007, NBI operatives implemented the search warrant and submitted a Return of Search Warrant on August 8, 2007.
- The Return listed five categories of items seized: ten units of CPUs, ten monitors, ten keyboards, ten mice, and ten AVRs.
- The RTC issued an order permitting the NBI to keep the seized items in the NBI evidence room under SI Menez’s custody and to make them available to the court as required.
- Motion to quash and grounds asserted by petitioners
- Named persons in the warrant filed a Motion to Quash Search Warrant and Return Seized Properties asserting seven grounds:
- lack of programmers and operators at petitioners’ establishment making or selling the websites;
- absence of website servers at the premises;
- websites imputed were located and owned abroad;
- witness testimony contradicted documentary evidence;
- NBI withheld verifiable information from the court and exploited courts’ limited technical knowledge;
- NBI raided the wrong establishment; and
- absence of the element of publicity.
- Petitioners moved for reconsideration after the RTC’s denial.
- RTC denial of motion to quash and subsequent proceedings
- On December 26, 2007, the RTC denied the Motion to Quash, ruling that publicity could be shown by Phil-Pacific’s alleged agents persuading clients to log on to listed pornographic sites and that pornographic materials were found in some seized computers.
- The RTC ruled that search warrants depend on probable cause and that absence of recovery of some listed items or absence of named persons did not vitiate the finding of probable cause.
- Petitioners requested issuance of subpoenas duces tecum ad testificandum to SI Menez and the witnesses on February 19, 2008.
- Dismissal by prosecutor and petitioners’ motion for release
- In a February 21, 2008 resolution, the 3rd Assistant City Prosecutor recommended dismissal of the complaint for violation of Art. 201 for insufficiency of evidence; the City Prosecutor approved the recommendation.
- On May 6, 2008, petitioners filed a Supplemental Motion to Release Seized Properties, invoking the prosecutor’s dismissal and asserting that the State had no further use for the seized items.
- RTC August 6, 2008 order partially granting release
- On August 6, 2008, Judge Alisuag denied petitioners’ motion for reconsideration but partially granted their Motion to Release Seized Properties.
- The RTC ordered return of the computer sets (monitors) to petitioners while retaining the CPUs and all softwares containing obscene materials in the custody of the NBI through SI Menez.
- The RTC reasoned that the court had found probable cause when issuing the warrant and that the prosecutor’s dismiss...(Subscriber-Only)
Issues:
- Central legal issue presented to the Supreme Court
- Whether the Court of Appeals committed grave abuse of discretion in ordering removal and destruction of the hard disks containing pornographic and obscene materials.
- Subsidiary legal contentions raised by petitioners
- Whether destruction or forfeiture of CPUs, hard disks, or softwares that are lawful per se and used in ordinary business violates substa...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
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