CRIMPRO
RULE 126
Title LAUD v. PEOPLE
GR No. 199032 Date: November Date: November 19, 2014 PER CURIAM RETIRED SP0 !IEN"ENIDO LAUD– LAUD – Petitioner PEOPLE O# T$E P$ILIPPINES– P$ILIPPINES – Respondent Nature of the case: Assailed in this petition for revie on certiorari are the !ecision dated April 2", 2011 and the Resolution dated #ctober 1$, 2011 of the %ourt of Appeals &%A' in %A()*R* +P* No* 1101$ upholdin- the validit. of +earch /arrant No* 09(1440$* #ACTS
PNP, throu-h Police +enior +uperintendent Roberto aardo, applied ith the anila(R3% for a arrant to search three caves located inside the aud %ompound in Puro5 , 6aran-a. a(a, !avao %it., here the alle-ed remains of the victims victims summari summaril. l. e7ecuted e7ecuted b. the so(called so(called 8!avao 8!avao !eath !eath +uad8 +uad8 ma. be found* found* n support support of the application, application, a certain ;rnesto Avasola as presented to the R3% and testiice ;7ecutive =ud-e of the anila(R3%, found probable cause for the issuance of a search arrant, and thus, issued +earch /arrant No* 09( 1440$ hich as later enforced b. the elements of the PNP(%riminal nvesti-ation and !etection )roup* 3he search of the aud %ompound caves .ielded positive results for the presence of human remains* ?erein petitioner, retired +P#4 6ienvenido aud,
/hether /hether the administra administrative tive penalties penalties imposed imposed on =ud-e =ud-e Peralta Peralta invalidated invalidated +earch +earch /arran /arrantt No* 09(1440$C 09(1440$C NO. 2* /hether the anila(R3% anila(R3% had had urisdiction urisdiction to issue issue the said arrant despite non(compliance non(compliance ith the compellincompellinreasons reuirement under +ection 2, Rule 12D of the Rules of %ourtC &ES. * /hethe /hetherr the reuir reuireme ements nts of prob probabl able e cause cause and particu particular lar descrip descriptio tion n ere ere compli complied ed ith ith and and the one( speci
NO. /hile the %ourt does a-ree that the imposition of said administrative administrative penalties did operate to divest =ud-e PeraltaFs authorit. to act as >ice(;7ecutive =ud-e, it must be uali
2* &ES. +ection &ES. +ection 12, %hapter > of A**No* 0(H(02(+% states the reuirements reuirements for the issuance of search arrants arrants in special criminal cases b. the R3%s of anila and ueBon %it.* 3hese special criminal cases pertain to those 8involvi 8involvinn- heinous heinous crimes, crimes, ille-al ille-al -amblin-amblin-,, ille-al ille-al possessi possession on of ice(;7ecutive =ud-es8 are authoriBed to act on such applications applications and 8shall issue the arrants, arrants, if ustiersosa, particularl. describin- the place to be searched and the thin-s to be seiBed in connection ith the heinous crime of urder* indin- probable cause therefor, =ud-e Peralta, in his capacit. as 2nd >ice(;7ecutive =ud-e, issued +earch /arrant hich, as the rules state, ma. be served in places outside the territorial urisdiction of the said R3%* Notabl., the fact that a search arrant application involves a 8special criminal case8 e7cludes it from the
compellin- reason reuirement under +ection 2, Rule 12D of the Rules of %ourt* 3he rule on search arrant applications applications before the anila and ueBon %it. R3%s 3%s for the above(mentioned special criminal cases 8shall be an e7ception to +ection 2 of Rule 12D of the Rules of %ourt*8 Perceptibl., the fact that a search arrant is beinapplied for in connection ith a special criminal case as above(classi
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Section 5, Chapter III of A.M. No. 03-8-02-SC provides 03-8-02-SC provides that JtKhe imposition upon an ;7ecutive =ud-e or >ice( ;7ecutive =ud-e of an administrative penalt. of at least a reprimand shall automaticall. operate to divest him of his position as such*O (R!e "2#$ SEC. 2. %ourt 2. %ourt here application for search arrant shall be
