Case Digest (G.R. No. 81756)
Facts:
Nicomedes Silva @ "Comedes", Marlon Silva @ "Tama" and Antonieta Silva v. The Honorable Presiding Judge, Regional Trial Court of Negros Oriental, Branch XXXIII, Dumaguete City, G.R. No. 81756, October 21, 1991, Supreme Court Third Division, Fernan, C.J., writing for the Court.On June 13, 1986 M/Sgt. Ranulfo Villamor, Jr., chief of the PC Narcom Detachment in Dumaguete City, filed an Application for Search Warrant with the Regional Trial Court, Branch XXXIII, accompanied by a joint Deposition of Witness executed by Pfc. Arthur M. Alcoran and Pat. Leon T. Quindo. On the same day Judge Nickarter A. Ontal issued Search Warrant No. 1 directing police to search Marlon Silva’s room at the residence of Nicomedes Silva for violation of Republic Act No. 6425 (Dangerous Drugs Act) and to seize “marijuana dried leaves, cigarettes, joint.”
During the search the serving officers also seized P1,231.40 belonging to Antonieta Silva. On June 16, 1986 Antonieta moved for the return of the money, arguing the warrant authorized only the seizure of specified drug items and that the officers failed to make a proper return under Section 11, Rule 126, Rules of Court. Judge Ontal’s July 1, 1986 order held the disposition of the money in abeyance pending filing of charges.
On July 28, 1987 petitioners filed a motion to quash Search Warrant No. 1, contending the application and depositions were mimeographed, filled-in forms and that the issuing judge failed to personally examine the complainant and witnesses by searching questions and answers as required by Section 3 and Section 4, Rule 126. On August 11, 1987 Judge Eugenio M. Cruz (Ontal having retired) denied the motion for lack of merit; a motion for reconsideration filed September...(Subscriber-Only)
Issues:
- Did the respondent judge act without or in excess of jurisdiction or commit grave abuse of discretion in denying the motion to quash Search Warrant No. 1?
- Was the seizure of P1,231.40 from Antonieta Silva lawful under the terms of Search Warrant No. 1, and must the...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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