This case has been cited 4 times or more.
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2015-09-02 |
BRION, J. |
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| The rulings in Malaloan v. Court of Appeals,[53] People v. Court of Appeals,[54] and People v. Correa[55] are without significance to the present case. As mentioned, Malaloan v. Court of Appeals involved the question of where motions to quash search warrants should be filed, and the guidelines set therein was applied in People v. Court of Appeals. People v. Correa, on the other hand, involved a warrantless search of a moving vehicle. | |||||
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2005-06-28 |
CALLEJO, SR., J. |
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| In reply, the respondents insisted that the items seized were different from those listed in the search warrant. They also claimed that the seizure took place in the building located at No. 1524-A which was not depicted in the sketch of the premises which the applicant submitted to the trial court.[14] In accordance with the ruling of this Court in People v. Court of Appeals,[15] the respondents served a copy of their pleading on UNILAB.[16] | |||||
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2005-06-28 |
CALLEJO, SR., J. |
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| The respondents, likewise, maintain that the raiding team slashed the sealed boxes so fast even before respondent Isip could object. They argue that the seizure took place at No. 1524-A, Lacson Avenue, Sta. Cruz, Manila covered by Transfer Certificate of Title (TCT) No. 220778, and not at No. 1571, Aragon Street, Sta. Cruz, Manila covered by TCT No. 174412 as stated in the search warrant. They assert that the ruling of the Court in People v. Court of Appeals[29] is applicable in this case. They conclude that the petitioner failed to prove the factual basis for the application of the plain view doctrine.[30] | |||||
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2000-07-06 |
BELLOSILLO, J. |
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| x x x x If the rule had been otherwise, i.e., if the issuing court had been allowed to resolve the Motion to Quash the search warrant despite the pendency of a criminal case arising therefrom before another court, it would give rise to the absurd situation where the judge hearing the criminal case will be bound by the declaration of of the validity of the search warrant made by the issuing judge, and the former will thereafter be restrained from reviewing such finding in view of the doctrine of non-interference observed between courts of concurrent and coordinate jurisdiction. Such a situation will thus make it difficult , if not impossible, for respondent court to make an independent and objective appreciation of the evidence and merits of the criminal case. For this reason, the court trying the criminal case should be allowed to rule on the validity of the search warrant in order to arrive at a judicious administration of justice. People v. Woolcock upon which the trial court and the Court of Appeals heavily relied, appeared to have reverted to Templo v. de la Cruz when this Court said that "the remedy for questioning the validity of a search warrant can be sought in the court that issued it, not in the sala of another judge of concurrent jurisdiction." At any rate, the latest jurisprudence on the matter is People v. Court of Appeals[12] where, as in the present case, the second of five (5) "policy guidelines" laid down in Malaloan v. Court of Appeals was interpreted. The subject guideline, cited in the reasoning of the trial court, concerns possible conflicts in the exercise of jurisdiction where the criminal case is pending in one court and the search warrant is issued by another court for the seizure of personal property intended to be used as evidence in the criminal case. We clarified the principle in People v. Court of Appeals thus - | |||||