Case Digest (G.R. No. 205010)
Facts:
Petron Gasul LPG Dealers Association and Totalgaz LPG Dealers Association v. Elena Lao, et al., G.R. No. 205010, July 18, 2016, Supreme Court Second Division, Del Castillo, J., writing for the Court.Petitioners are two private LPG dealers associations (among other private complainants) that prompted an NBI-CAR investigation into alleged illegal refilling and underfilling of branded LPG cylinders. The respondents include the majority owners and occupants of Benguet Gas Corporation and Baguio Gas Corporation (the latter respondents here are Elena Lao, Imelda Lao, Pompidou Golangco, Jeremy Wilson Golangco, Carmen Castillo and/or occupants of Baguio Gas). NBI-CAR Supervising Agent Darwin Lising filed separate affidavits after surveillance and a test-buy operation which, he averred, demonstrated illegal refilling and underfilling in violation of BP 33, as amended (prohibiting illegal trading and underfilling of petroleum/LPG products).
On May 19, 2005, Lising filed Applications for Search Warrant (SW) with the Regional Trial Court (RTC), La Trinidad, Benguet: SW Nos. 05-70 and 05-71 for Benguet Gas and its owners; and SW Nos. 05-72 and 05-73 for Baguio Gas and its owners. The applications recited surveillance beginning in March, a test-buy on April 1, 2005, and further surveillance through the second week of May 2005; they described the places and enumerated equipment, branded cylinders, ledgers, delivery vehicles and other items sought to be seized. The RTC-La Trinidad issued the four search warrants on May 19, 2005. Execution occurred on May 20, 2005, producing inventory sheets listing machinery, scales, compressors, numerous branded cylinders (including Gasul, Shellane and Caltex), and delivery vehicles. Because the seized items were hazardous, the RTC granted motions to place them in temporary custody at a private warehouse in Antipolo.
The owners and occupants of both companies moved to quash the SWs, arguing lack of probable cause, lack of particularity and, for the Baguio Gas respondents, that the RTC-La Trinidad lacked territorial jurisdiction and that the applications did not establish the “compelling reasons” required to file outside the court having territorial jurisdiction. On December 29, 2005, the RTC-La Trinidad granted the respective Motions to Quash.
Lising and the private complainants appealed to the Court of Appeals (CA). In an April 16, 2012 decision, the CA partially granted the consolidated appeal: it reversed and reinstated SW Nos. 05-70 and 05-71 (Benguet Gas) but affirmed the quashal of SW Nos. 05-72 and 05-73 (Baguio Gas), holding that the applications failed to establish the compelling reasons required under Rule 126, sec. 2(b) for filing in a court outside the place of the alleged crime. The CA denied reconsideration on December 12, 2012.
Petition...(Pro-only)
Issues:
- Was there a sufficient showing of “compelling reasons” under Rule 126, Section 2(b) to justify filing and issuance of Search Warrant Nos. 05-72 and 05-73 in the RTC-La Trinidad even though the place to be searched (Baguio City) lay outside that court’s territo...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)