Case Digest (G.R. No. 89103)
Facts:
Leon Tambasen v. People of the Philippines, G.R. No. 89103, July 14, 1995, Supreme Court First Division, Quiason, J., writing for the Court. Petitioner Leon Tambasen sought review by certiorari under Rule 65 of the RTC, Branch 44, Bacolod City’s July 20, 1989 order in Civil Case No. 5331, which had annulled an MTCC order directing the return of P14,000 seized from Tambasen’s house; the petition before the Supreme Court attacked the RTC order and the underlying search and seizure.On August 31, 1988, P/Sgt. Flumar Natuel applied to the Municipal Trial Circuit Court (MTCC) for Search Warrant No. 365 alleging that Tambasen possessed assorted arms, explosives and “subversive documents.” The MTCC granted the warrant the same day. On September 9, 1988 police executed the warrant at Tambasen’s home and seized, among other items, two envelopes totaling P14,000, various radio handsets and a notebook.
Tambasen moved in the MTCC for return of the seized articles and for a verified inventory; the police applicant later reported he had not been present when the warrant was served. In answer, Lt. Col. Nicolas Torres (Bacolod City station commander) averred the P14,000 was earmarked to pay allowances to ACP and other alleged NPA personalities. On December 23, 1988 the MTCC ordered the return of the money, holding that the currency was not among the items described in the warrant.
The Solicitor General filed a petition for certiorari in RTC, Branch 44 (Civil Case No. 5331) to annul the MTCC order, invoking authorities (e.g., Alih v. Castro, Roan v. Gonzales) that seized articles should remain in custodia legis pending determination of legality and noting a criminal complaint (BC I.S. No. 88-1239) was on file. On July 20, 1989 RTC, Branch 44 granted the petition, holding the MTCC had exceeded its limited jurisdiction and directing the clerk to return the money to the MTCC pending the preliminary investigation before the city prosecutor.
Tambasen then filed the present Rule 65 petition in the Supreme Court seeking to (a) enjoin the preliminary investigation and RTC proceedings, (b) annul Search Warrant No. 365 and the seizure, and (c) reverse the RTC order. While the petition was pending, Tambasen was arrested (March 1, 1990) and charged with subversion (Criminal Case No. 8517, RTC Branch 42), but on March 15, 1990 RTC, Branch 42 granted his motion to quash the information and recalled the arrest warrant; the City Prosecutor was ordered to resolve BC I.S. No. 88-1239, ...(Pro-only)
Issues:
- Did RTC, Branch 44 commit grave abuse of discretion in annulling the MTCC order and directing that the seized P14,000 be returned to the MTCC and retained in custodia legis?
- Was Search Warrant No. 365 valid under the Rules of Court (specifically Section 3, Rule 126) or was it a “scatter-shot” warrant void for covering more than one offense?
- Was the seizure and retention of the P14,000 lawful, and could the money properly be kept in cust...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)