273. People v.

Castillo, Sr

THIRD DIVISION
[G.R. No. 204419. November 7, 2016.]
PEOPLE OF THE PHILIPPINES, petitioner, vs. HON. EDMAR P. CASTILLO, SR., as Presiding
Judge of Branch 6, Regional Trial Court, Aparri, Cagayan and JEOFREY JIL RABINO y
TALOZA , respondents.

DECISION
PERALTA, J.:

This is to resolve the Petition for Certiorari under Rule 65 of the Rules of Court dated November
12, 2012 of petitioner People of the Philippines as represented by Second Assistant Provincial
Prosecutor Carlos B. Sagucio, that seeks to reverse and set aside the Regional Trial Court's
(RTC, Branch 6, Aparri, Cagayan) Joint Resolution[1] dated May 14, 2012 quashing Search
Warrant No. 45 issued by the Municipal Trial Court (MTC) of Gattaran, Cagayan and eventually
dismissing Criminal Case No. 11-10881 against private respondent Jeofrey Jil Rabino y Taloza.

The facts follow.

On January 13, 2012, Judge Marcelo C. Cabalbag of the MTC of Gattaran, Cagayan
issued Search Warrant No. 45, which reads, in part, as follows:

SEARCH AND SEIZURE ORDER

TO ANY OFFICER OF THE LAW:

It appearing to the satisfaction of the undersigned, after examining under oath SPO1
RONEL P. SATURNO of the Regional Intelligence Division based at Regional Office 2,
Camp Adduru, Tuguegarao City, the applicant herein, and his witness that there is
probable cause to believe that a Violation [of] R.A. 9165 Comprehensive Dangerous
Drug, has been and is being committed and there are good and sufficient reasons to
believe that JOEFREY JIL RABINO @ JEFF/JEO, a resident of Rizal Street, Maura,
Aparri, Cagayan has in his possession or control the following items, to wit:
SHABU (Methamphetamine and PARAPHERNALIAS
you are hereby ordered to make an immediate search at any time of the day or night but
preferably at daytime at the afore-stated residential place of JEOFREY JIL RABINO @
JEFF/JEO and its premises and forthwith seize and take possession of the above-
described items to immediately bring him, thereafter, to the undersigned to be dealt with
in accordance with Section 12, Rule 126 of the December 1, 2000 Rules on Criminal
Procedure.
WITNESS MY HAND and SEAL this 13th day of January 2012, at Gattaran,
Cagayan.[2]
Thereafter, to effect the above Search and Seizure Order, a search was conducted by
elements of the Philippine Drug Enforcement Agency (PDEA) and officers of the Philippine
National Police (PNP) yielding one (1) sachet containing residue of suspected
methamphetamine hydrochloride inside the house of private respondent Rabino located in
Aparri, Cagayan. When the confiscated item was submitted to the Regional Crime Laboratory
 273. People v. Castillo, Sr

Office No. 2 of the PNP in Tuguegarao City for qualitative examination, the test gave positive
result for the presence of methamphetamine hydrochloride, a dangerous drug.[3]
Thus, an Information[4] dated January 15, 2012 was filed against private respondent
Rabino for violation of Section 11 of Republic Act (R.A.) No. 9165, which reads as follows:
That on or about January 14, 2012, in the Municipality of Aparri, [P]rovince of
Cagayan, and within, the jurisdiction of this Honorable Court, the above-named accused,
without any legal authority thereof, did then and there willfully, unlawfully and feloniously
have in his possession and under his control and custody one (1) big zip-lock transparent
plastic sachet containing two (2) pieces of transparent plastic sachets containing white
crystalline substance, one sachet with traces of said substance gave POSITIVE results to
the tests for the presence of Methamphetamine Hydrochloride, commonly known as
Shabu, a dangerous drag, while the other sachet gave negative results to said tests, the
said accused knowing fully well and aware that it is prohibited for any person to possess
or use any dangerous drug regardless of the quality of the purity thereof, unless
authorized by law.
CONTRARY TO LAW.

Docketed as Criminal Case No. 11-10881, the case was raffled to the RTC, Branch 6,
Aparri, Cagayan, presided by respondent Judge Castillo.
Before the case was set for arraignment, or on March 13, 2012, private respondent
Rabino filed a Motion to Quash Search Warrant and for Suppression of Illegally Acquired
Evidence with the following grounds:
Search Warrant; Issuing Court must have territorial jurisdiction over the place to be
searched; No compelling reason for MTC Gattaran to issue warrant

xxxx
No probable cause to issue Search Warrant
xxxx
No searching question elicited from deponent
x xx x
No particularity in the places to be searched
xxxx
Irregularity in the implementation of the search
x x xx
Suppression of Evidence Just and Proper[5]

The RTC, through respondent Judge Castillo, granted the above motion in its Joint
Resolution dated May 14, 2012, which partly reads as follows:

It is indubitable from the foregoing that the minimum penalty for illegal possession of
methamphetamine hydrochloride or shabu is imprisonment of twelve (12) years and one
(1) day to twenty (20) years, which penalty is way beyond imprisonment of six (6) years. A
fortiori, MTC Gattaran did not have jurisdiction to entertain the application for and to issue
 273. People v. Castillo, Sr

Search Warrant No. 45. As such, Search Warrant No. 45 is null and void. [Corollary]
thereto, all proceedings had in virtue thereof are likewise null and void.
With the foregoing conclusion, any further discussion on the grounds relied upon by the
accused to buttress his motion and the opposition interposed by the public prosecutor are
deemed mere surplusage.
WHEREFORE, in view of all the foregoing, the motion is GRANTED. Search Warrant No.
45 is hereby ordered QUASHED. Consequently, all evidence obtained in the execution of
Search Warrant No. 45 are likewise ordered SUPPRESSED. There being no more
evidence to support them, the Informations in the above-captioned cases are hereby
dismissed.
SO ORDERED.[6]

Petitioner filed a motion for reconsideration, but it was denied by the same court in its
Joint Order[7] dated September 24, 2012.

Hence, the present petition.

The issue and arguments raised by petitioner are as follows:

With all due respect, the assailed Resolution of May 14, 2012 was issued by
respondent Judge Castillo with grave abuse of discretion amounting to lack of jurisdiction
and/or is patently erroneous. It is respectfully submitted that the Municipal Trial Court of
Gattaran, Cagayan has the authority to issue Search Warrant No. 45 earlier mentioned to
search and seize the shabu stated therein in Aparri, Cagayan a place which is within the
same second judicial region in violation of R.A. 9165, notwithstanding the fact that the
power to hear and try the offense is within the exclusive jurisdiction of the Regional Trial
Court.
Private respondent, on the other hand, in his Comment [8] dated January 25, 2016, claims
that the petition was filed in violation of the doctrine of hierarchy of courts. He also argues that
the petition should have been filed by the State, through the Office of the Solicitor General, and
not petitioner Second Assistant Provincial Prosecutor Carlos B, Sagucio. Lastly, private
respondent insists that the petition does not show that the assailed Joint Resolution of the RTC
was issued with grave abuse of discretion amounting to lack or excess of jurisdiction.

This Court finds merit to the petition.

Before proceeding with the discussion on the substantial issue raised in the petition, certain
procedural issues have been pointed out by private respondent that need to be tackled.
According to the private respondent, the petition for certiorari under Rule 65 filed by petitioner
before this Court must be struck down as it violates the doctrine on hierarchy of courts. Private
respondent further argues that petitioner did not provide any compelling reason that would merit
the direct filing with this Court of a petition for certiorari under Rule 65. It is also averred that the
petition should have been filed by the Office of the Solicitor General and not the Assistant
Provincial Prosecutor because the petition is in the nature of an appeal and the former is vested
with the power of representing the people before any court.

Rule 65 of the Rules of Court provides as follows:

 273. People v. Castillo, Sr

Section 1. Petition for certiorari. - When any tribunal, board or officer exercising judicial or
quasi-judicial functions has acted without or in excess of its or his jurisdiction, or with
grave abuse of discretion amounting to lack or excess of jurisdiction, and there is no
appeal, or any plain, speedy, and adequate remedy in the ordinary course of law, a
person aggrieved thereby may file a verified petition in the proper court, alleging the facts
with certainty and praying that judgment be rendered annulling or modifying the
proceedings of such tribunal, board or officer, and granting such incidental reliefs as law
and justice may require.
A petition for certiorari under Rule 65 of the Rules of Court is proper when (1) any tribunal,
board or officer exercising judicial or quasi-judicial functions has acted without or in excess of
jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdiction, and (2)
there is no appeal, nor plain, speedy and adequate remedy in the ordinary course of law for the
purpose of annulling or modifying the proceeding. [9] Grave abuse of discretion exists when there
is an arbitrary or despotic exercise of power due to passion, prejudice or personal hostility; or a
whimsical, arbitrary, or capricious exercise of power that amounts to an evasion or refusal to
perform a positive duty enjoined by law or to act at all in contemplation of law. For an act to be
struck down as having been done with grave abuse of discretion, the abuse of discretion must
be patent and gross.[10] On the other hand, a remedy is considered "plain, speedy and
adequate" if it will promptly relieve the petitioner from the injurious effects of the judgment the
acts of the lower court or agency.[11] Its principal office is only to the inferior court within the
parameters of its jurisdiction or to prevent it from committing such a grave abuse of discretion
amounting to lack or excess of jurisdiction.[12]
The special civil action for certiorari is the proper recourse availed of by petitioner in
questioning the quashal of the search warrant as the petition alleges grave abuse of discretion
on the part of the judge that ordered the said quashal. In his allegation that the judge misapplied
the rules on jurisdiction or on the proper courts authorized to issue a search warrant, petitioner
has shown that the quashal of the search warrant was patently and grossly done. In any case,
the Court had allowed even direct recourse to this Court [13] or to the Court of Appeals[14] via a
special civil action for certiorari from a trial court's quashal of a search warrant.[15] The general
rule is that a party is mandated to follow the hierarchy of courts. Howevever, in exceptional
cases, the Court, for compelling reasons or if warranted by the nature of the issues raised, may
take cognizance of petitions filed directly before it. [16] In this case, since the pivotal issue raised
by petitioner involves an application of a rule promulgated by this Court in the exercise of its
rule-making power under the Constitution[17] regarding the jurisdiction of courts in the proper
issuance of a search warrant, this Court deems it proper to resolve the present petition.

As such, even if the petitioner in this case, representing the People, is only the Assistant
Provincial Prosecutor and not the Office of the Solicitor General, such technicality can be
relaxed in the interest of justice. The Court has allowed some meritorious cases to proceed
despite inherent procedural defects and lapses. This is in keeping with the principle that rules of
procedure are mere tools designed to facilitate the attainment of justice and that strict and rigid
application of rules which would result in technicalities that tend to frustrate rather than promote
substantial justice must always be avoided.[18] It is a far better and more prudent cause of action
for the court to excuse a technical lapse and afford the parties a review of the case to attain the
ends of justice, rather than dispose of the case on technicality and cause grave injustice to the
parties, giving a false impression of speedy disposal of cases while actually resulting in more
delay, if not a miscarriage of justice. [19] In certain cases, this Court even allowed private
complainants to file petitions for certiorari and considered the said petitions as if filed by the
Office of the Solicitor General. In United Laboratories, Inc. v. Isip,[20] this Court ruled that an
exception exists to the general rule that the proper party to file a petition in the CA or Supreme
 273. People v. Castillo, Sr

Court assailing any adverse order of the RTC in the search warrant proceedings is the People
of the Philippines, through the OSG, thus:
The general rule is that the proper party to file a petition in the CA or Supreme Court
to assail any adverse order of the RTC in the search warrant proceedings is the People of
the Philippines, through the OSG. However, in Columbia Pictures Entertainment, Inc. v.
Court of Appeals, the Court allowed a private corporation (the complainant in the RTC) to
file a petition for certiorari, and considered the petition as one filed by the OSG. The Court
in the said case even held that the petitioners therein could argue its case in lieu of the
OSG:

From the records, it is clear that, as complainants, petitioners were

involved in the proceedings which led to the issuance of Search Warrant No. 23.
In People v. Nano, the Court declared that while the general rule is that it is only
the Solicitor General who is authorized to bring or defend actions on behalf of the
People or the Republic of the Philippines once the case is brought before this
Court or the Court of Appeals, if there appears to be grave error committed by the
judge or a lack of due process, the petition will be deemed filed by the private
complainants therein as if it were filed by the Solicitor General. In line with this
ruling, the Court gives this petition due course and will allow petitioners to argue
their case against the questioned order in lieu of the Solicitor General.
The general rule is that a party is mandated to follow the hierarchy of courts.
However, in exceptional cases, the Court, for compelling reasons or if warranted by the
nature of the issues raised, may take cognizance of petitions filed directly before it. In this
case, the Court has opted to take cognizance of the petition, considering the nature of the
issues raised by the parties.[21]
Therefore, if this Court had previously considered the petitions filed by private
complainants and deemed them as if filed by the Office of the Solicitor General, there is no
reason to disallow the petition herein filed by the Assistant Provincial Prosecutor.

Anent the main issue as to whether a municipal trial court has the authority to issue a
search warrant involving an offense in which it has no jurisdiction, this Court answers in the
affirmative.

Section 2, Article III of the Constitution provides:

SECTION 2. The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
The requisites for the issuance of a search warrant are: (1) probable cause is present; (2)
such probable cause must be determined personally by the judge; (3) the judge must examine,
in writing and under oatn or affirmation, the complainant and the witnesses he or she may
produce; (4) the applicant and the witnesses testify on the facts personally known to them; and
(5) the warrant specifically describes the place to be searched and the things to be seized.
[22]
Necessarily, a motion to quash a search warrant may be based on grounds extrinsic of the
search warrant, such as (1) the place searched or the property seized are not those specified or
described in the search warrant; and (2) there is no probable cause for the issuance of the
search warrant.[23]
 273. People v. Castillo, Sr

The respondent RTC judge, in this case, quashed the search wan-ant and eventually
dismissed the case based merely on the fact that the seerch warrant was issued by the MTC of
Gattaran, Cagayan proceeding from a suspected violation of R.A. 9165 or The Dangerous
Drugs Act, an offense which is beyond the jurisdiction of the latter court. It is therefore safe to
presume that the other grounds raised by the private respondent in his motion to quash are
devoid of any merit. By that alone, the respondent judge gravely abused his discretion in
quashing the search warrant on a basis other than the accepted grounds. It must be
remembered that a search warrant is valid for as long as it has all the requisites set forth by the
Constitution and must only be quashed when any of its elements are found to be wanting.
This Court has provided rules to be followed in the application for a search warrant. Rule
126 of the Rules of Criminal Procedure provides:
Sec. 2. Court where application for search warrant shall be filed. - An application for
search warrant shall be filed with the following:
(a) Any court within whose territorial jurisdiction a crime was committed.

(b) For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known, or
any court within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made
in the court where the criminal action is pending.
Apparently, in this case, the application for a search warrant was filed within the same
judicial region where the crime was allegedly committed. For compelling reasons, the Municipal
Trial Court of Gattaran, Cagayan has the authority to issue a search warrant to search and
seize the dangerous drugs stated in the application thereof in Aparri, Cagayan, a place that is
within the same judicial region. The fact that the search warrant was issued means that the
MTC judge found probable cause to grant the said application after the latter was found by the
same judge to have been filed for compelling reasons. Therefore, Sec. 2, Rule 126 of the Rules
of Court was duly complied with.
It must be noted that nothing in the above-quoted rule does it say that the court issuing a
search warrant must also have jurisdiction over the offense. A search warrant may be issued by
any court pursuant to Section 2, Rule 126 of the Rules of Court and the resultant case may be
filed in another court that has jurisdiction over the offense committed. What controls here is that
a search warrant is merely a process, generally issued by a court in the exercise of its ancillary
jurisdiction, and not a criminal action to be entertained by a court pursuant to its original
jurisdiction.[24] Thus, in certain cases when no criminal action has yet been filed, any court may
issue a search warrant even though it has no jurisdiction over the offense allegedly committed,
provided that all the requirements for the issuance of such warrant are present.
WHEREFORE, the Petition for Certiorari under Rule 65 of the Rules of Court, dated
November 12, 2012, of petitioner People of the Philippines is GRANTED. Consequently, the
Joint Resolution dated May 14, 2012 of the Regional Trial Court, Branch 6, Aparri, Cagayan,
insofar as it quashed Search Warrant No. 45 issued by the Municipal Trial Court of Gattaran,
Cagayan, is REVERSED and SET ASIDE, and Criminal Case No. 11-10881 against private
respondent Jeofrey Jil Rabino y Taloza is REINSTATED.
SO ORDERED.