Case Digest (G.R. No. 104147)
Facts:
This is People of the Philippines v. Hon. Judge Esther Nobles Bans, Regional Trial Court, Branch 72, Olongapo City, Vicente Magsaysay and Gil Magsaysay, G.R. No. 104147, December 08, 1994, the Supreme Court En Banc, Bidin, J., writing for the Court.The Armed Forces of the Philippines (through Capt. Jose Feliciano Loy, JAGS) applied for a search warrant before RTC Branch 74 (Judge Nicias Mendoza) alleging that Vicente Magsaysay kept unlicensed firearms and that rebel officers were present in his residence. Judge Mendoza found probable cause, issued a warrant, and AFP/Metrodiscom executed the warrant at the Magsaysay home, producing several unlicensed firearms and ammunition. An information for violation of Presidential Decree No. 1866 was filed on September 28, 1990 against brothers Vicente and Gil Magsaysay.
Before trial, the private respondents moved to quash the search warrant in the issuing court (Branch 74); on October 22, 1990 Branch 74 denied the motion, upholding the warrant’s validity and implementation. The criminal case nonetheless was tried in RTC Branch 72 (Judge Esther Bans) after raffling. The prosecution presented its case and rested. The private respondents filed a Demurrer to Evidence, arguing the search warrant and an order to break open vaults were illegally issued and thus the seized items were inadmissible; respondent Judge Bans granted the demurrer and acquitted the accused in an order dated September 18, 1991. The prosecution’s motion for reconsideration was denied on the ground that reconsideration would place the accused in double jeopardy.
The People filed a petition for certiorari under Rule 65, alleging respondent judge acted in excess of jurisdiction by invalidating the co-equal issuing court’s warrant, wrongly denying reconsideration based on double jeopardy, and hastily acquitting the accused despite sufficient proof. The ...(Subscriber-Only)
Issues:
- Is a special civil action for certiorari under Rule 65 the proper remedy to assail the RTC Branch 72 order granting the demurrer to evidence and acquitting the accused?
- Did respondent Judge Bans act in excess of jurisdiction or with grave abuse of discretion by effectively invalidating a search warrant issued by a co-equal court (RTC Branch 74)?
- Is the Court constitutionally barred from reviewing the acquittal because it woul...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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