Facts:
Police Chief Inspector Napoleon B. Pascua applied for a search warrant before Regional Trial Court (RTC) of Quezon City, that the Paper Industries Corporation of the Philippines located at Bislig, Surigao De Sur is in possession or has in its control high powered firearms, ammunitions, explosives, which are the subject of the offense.
Issue:
Whether the Search Warrant is Valid
Ruling:
No, petition for Certiorari and prohibition is hereby granted and Search Warrant No. 799 accordingly declared null and void, TRO permanent.There is a question of fact when the doubt arises as to the truth or falsity of the alleged facts.
Police Chief Inspector Napoleon B. Pascua applied for a search warrant before Regional Trial Court (RTC) of Quezon City, that the Paper Industries Corporation of the Philippines located at Bislig, Surigao De Sur is in possession or has in its control high powered firearms, ammunitions, explosives, which are the subject of the offense.
Issue:
Whether the Search Warrant is Valid
Ruling:
No, petition for Certiorari and prohibition is hereby granted and Search Warrant No. 799 accordingly declared null and void, TRO permanent.There is a question of fact when the doubt arises as to the truth or falsity of the alleged facts.
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