Case Digest (G.R. No. 204419)
Facts:
People of the Philippines v. Hon. Edmar P. Castillo, Sr., as Presiding Judge of Branch 6, Regional Trial Court, Aparri, Cagayan and Jeofrey Jil Rabino y Taloza, G.R. No. 204419, November 07, 2016, Supreme Court Third Division, Peralta, J., writing for the Court.
The case arose from Search Warrant No. 45 issued on January 13, 2012 by Judge Marcelo C. Cabalbag of the Municipal Trial Court (MTC) of Gattaran, Cagayan, directing officers to search the residence of private respondent Jeofrey Jil Rabino y Taloza in Aparri, Cagayan for shabu and paraphernalia. The search, executed by elements of the Philippine Drug Enforcement Agency (PDEA) and the Philippine National Police (PNP), produced one sachet containing residue that tested positive for methamphetamine hydrochloride at the Regional Crime Laboratory Office No. 2 in Tuguegarao City.
An Information charging Rabino with violation of Section 11, Republic Act No. 9165 was filed on January 15, 2012 (Criminal Case No. 11-10881), and the case was raffled to Regional Trial Court (RTC), Branch 6, Aparri, presided by respondent Judge Edmar P. Castillo, Sr. Before arraignment, on March 13, 2012, Rabino filed a Motion to Quash Search Warrant and for Suppression of Illegally Acquired Evidence, alleging, inter alia, lack of territorial jurisdiction of the issuing court, absence of probable cause, lack of written examination under oath, non-particularity of the warrant, and irregularities in implementation.
On May 14, 2012, the RTC (Judge Castillo) granted the motion, quashed Search Warrant No. 45 on the ground that the MTC of Gattaran lacked jurisdiction to issue a warrant for an offense (violation of R.A. 9165) beyond its jurisdictional threshold, suppressed the evidence, and dismissed the Information. The RTC denied the prosecution’s motion for reconsideration in a Joint Order dated September 24, 2012.
Petitioner, the People of the Philippines represented by Second Assistant Provincial Prosecutor Carlos B. Sagucio, filed a Petition for Certiorari under Rule 65 on November 12, 2012 with the Supreme Court seeking reversal of the RTC’s quashal and dismissal. Respondent Rabino raised procedural objections — chiefly that the petition violated the hierarchy of courts and that the petition should have been...(Subscriber-Only)
Issues:
- Was the Rule 65 petition properly filed directly with the Supreme Court by the Assistant Provincial Prosecutor despite the doctrine of hierarchy of courts and the usual representation by the OSG?
- Did the Municipal Trial Court of Gattaran have the authority to issue Search Warrant No. 45 to search premises in Aparri, Cagayan for an alleged violation of R.A. 9165, even though the MTC lacked jurisdiction to try the offense?
- Did the RTC, in quashing the search warrant and dismissing the Information, commit grave abuse of dis...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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