Case Digest (G.R. No. 89103)
Facts:
The case involves Leon Tambasen, the petitioner, who was subjected to a police search of his house located at North Capitol Road, Bacolod City, pursuant to Search Warrant No. 365 issued by the Municipal Trial Circuit Court (MTCC) of Bacolod City on August 31, 1988. The warrant alleged possession of firearms, explosives, and subversive documents. On September 9, 1988, police seized various items from Tambasen's residence, including two envelopes containing a total of P14,000.00 in cash, radio transceivers, batteries, and assorted papers. Tambasen filed a motion for the return of the money, which the MTCC granted on December 23, 1988, ordering Lt. Col. Nicolas Torres, the police station commander, to return the P14,000.00 to him, reasoning that the sum was not covered by the warrant and was not a prohibited item.
Subsequently, the Solicitor General filed a petition for certiorari with the Regional Trial Court (RTC), Branch 44, Bacolod City, to nullify the MTCC's order, ar
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Case Digest (G.R. No. 89103)
Facts:
- Petition for certiorari and prohibition
- Leon Tambasen filed a petition under Rule 65 to set aside an RTC order nullifying an MTCC order that directed the return of P14,000 seized by the police.
- Application and issuance of search warrant
- On August 31, 1988, P/Sgt. Flumar Natuel applied for a search warrant from the MTCC citing possession by petitioner of firearms, explosives, and subversive documents.
- The MTCC issued Search Warrant No. 365 on the same day.
- Execution of search warrant and seizure
- On September 9, 1988, police searched petitioner's house and seized:
- Two envelopes containing a total of P14,000 (P10,000 and P4,000)
- Radio communication equipment and miscellaneous papers
- Petitioner moved for return of seized articles; MTCC ordered the police to submit a return of the search warrant.
- Police report was deemed incomplete; petitioner requested a verified inventory.
- Motion to declare seizure illegal
- On October 7, 1988, petitioner moved to declare the search and seizure illegal and sought return of the money.
- Police station commander claimed money was earmarked for subversive group allowances.
- December 23, 1988: MTCC ordered the return of the money to petitioner, ruling the money was not covered by the warrant and was illegally seized.
- RTC petition for certiorari
- Solicitor General filed before RTC, Branch 44, a petition for certiorari seeking to annul the MTCC order returning the money.
- RTC ruled that issues regarding the legality of seized articles belong to the trial court handling criminal cases, not the MTCC.
- RTC directed the return of the money to the MTCC pending preliminary investigation, effectively keeping the money in custodia legis.
- Petitioner's allegations and subsequent events
- Petitioner argued the search warrant was defective for covering multiple offenses in violation of Rule 126, Section 3.
- Petitioner alleged police acted on a "fishing expedition" and seized items not covered by the warrant.
- Petitioner was arrested in 1990 based on charges of subversion filed by police; RTC granted a motion to quash the case and recalled arrest warrant.
- Petitioner was dropped from subsequent investigations.
- Legal and factual issues concerning the seized money
- Search warrant covered more than one offense, invalidating it as a "scatter-shot warrant."
- Police seized items not described in the warrant, exceeding their authority.
- No current prosecution justified retention of seized money.
- Subsequent repeal of the Anti-Subversion Law nullified charges tied to it.
Issues:
- Whether the RTC gravely abused its discretion in ordering that the P14,000 seized from petitioner be kept in custodia legis.
- Whether the search warrant was valid considering it covered multiple offenses in violation of Rule 126, Section 3.
- Whether the seizure of money not described in the search warrant was lawful.
- Whether retention of the seized money was justified pending any criminal prosecution.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)