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R126

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rule 126- crimper
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  Sec. 6 – Issuance and Form of Search Warrant People of the Philippines, plaintiff-appellee vs. Olive Rubio amaril, !ccused-appellant  For review through this appeal – CA’s decision which afirmed the conviction of accused Olive Rubio Mamaril of possession of dangerousdrugs (in violation of RA ! # $ec% !!& art% ''  Comprehensive )angeous )rugs Act of *++*,%Facts-.ill of Rights/ 0resumption of 'nnocence% 'n this case& the so1called frame1up was virtuall2 pure allegation bereft of credible proof% 3he narration of the police oficer who implemented the search warrant was found& after trial and appellate review& as the true stor2% 't is on irmer ground than the self1serving statement of the accused1appellant of frame1up% 3he defense cannot solel2 rel2 upon the constitutional presumption of innocence for& while it is constitutional& the presumption is not conclusive% 5otabl2& the accused1appellant herself stated in her brief that 6no proof was proffered b2 the accused1appellant of the police oficers’ alleged ill motive%7 $tated otherwise& the narration of the incident b2 law enforcers& buttressed b2 the presumption that the2 have regularl2 performed their duties in the absence of convincing proof to the contrar2& must be given weight% People of the Philippines vs. Olive Rubio Mamaril. G.R. No. 171980, October , !010. .ill of Rights/ 0robable Cause3here is no general formula or i8ed rule for the determination of probable cause since the same must be decided in light of the conditionsobtaining in given situations and its e8istence depends to a large degree upon the indings or opinion of the 9udge conducting thee8amination% 't is presumed that a 9udicial function has been regularl2 performed& absent a showing to the contrar2% 3he defense’s reliance of the :uoted testimon2 of the police oficer alone& without an2 other evidence to show that there was indeed lac; of personal ;nowledge& is insuficient to overturn the inding of the trial court% 3he accused1appellant& having failed to present substantial rebuttal evidence to defeat the presumption of regularit2 of dut2 of theissuing 9udge& cannot not be sustained b2 the Court% People of the Philippines vs. Olive Rubio Mamaril. G.R. No. 171980, October , !010 % F! #S$   On *# March *++<& at -<+ o’cloc; in the evening& $0O= Ale8is >otidoc& along with the members of 'ntel Operatives of 3arlac Cit20olice $tation and 0hilippine )rug ?nforcement Agenc2 (0)?A,& implemented $earch @arrant 5o% !==C dated ! March *++< issuedb2 Budge Alipio umul of .ranch & Regional 3rial Court& Capas& 3arlac against the appellant in her residence at Done !& .aranga2Maliwalo& 3arlac Cit2& 0rovince of 3arlac%  0rior to the search& the police team invited .aranga2 Eagawad Oscar 3abamo of .aranga2 Maliwalo to witness the conduct of thesearch and seiure operation in the appellant’s house%  @ith .aranga2 Eagawad 3abamo& the police team presented the search warrant to appellant and informed her of the purpose of thesearch and her constitutional rights%  Afterwards& $0O= >otidoc& the designated searcher& started searching the appellant’s house& in the presence of the appellant andEagawad 3abamo%  )uring his search& he found on the top cover of the refrigerator one (!, plastic sachet containing white cr2stalline substance%  3hereafter he prepared a Certiicate of >ood $earch and Coniscation Receipt which the appellant refused to sign%  3he plastic sachet was brought to the 3arlac 0rovincial Crime Gaborator2 located at 3arlac 0rovincial Hospital for :ualitativee8amination%  3he e8amination conducted b2 ?ngr% Marcene >% Agala& the Forensic Chemist who tested the white cr2stalline substance& 2ieldedpositive results for +%+## gram of Methamphetamine H2drochloride& commonl2 ;nown as shabu& a dangerous drug%3he factual version presented b2 the defense is-  On *# March *++<& at -<+ o’ cloc; in the evening the police oficers arrived at appellant’s house and showed her a search warrant% 3hereafter& the policemen searched her house but found nothing%  3hen a certain 0olice Oficer 0angilinan as;ed her where she was sleeping%  @hen she replied that she was inside the hut& the police oficers proceeded to and searched the place and found the plastic sachet containing the shabu%  3hereafter& she was brought to the sub1station at Maliwalo and was told& particularl2 b2 $0O= >otidoc and a certain Ma’am )ula2that in e8change of 0*+&+++%++& no case would be iled against her%  @hen she told them that she did not have mone2& she was detained%  However& on cross1e8amination& the appellant admitted that the alleged e8tortion of 0*+&+++%++ was not reported to the higherran;ing police oficers%Accused – Appellant claims that the police oficers framed her up and planted the shabu inside her house because of her refusal to givethem mone2% ISS%&$ @hether or not the accused1appellant is innocent of violating $ection !!& Article ''& of RA ! #% R%'I()$ 5o% 3he Court of Appeals ruled that the evidence for the prosecution full2 proved be2ond reasonable doubt the elements necessar2 to  successfull2 prosecute a case for illegal possession of a regulated drug& namel2& (a, the accused is in possession of an item or an ob9ect identiied to be a prohibited or a regulated drug& (b, such possession is not authoried b2 law and (c, the accused freel2 and consciousl2possessed said drug%Centered on the conduct of the search of appellant’s house that 2ielded the prohibited substance& the Court of Appeals upheld the trial court on the inding that 6after a careful evaluation and anal2sis of the arguments presented b2 the prosecution and the defense& we hold that thesearch conducted b2 the '53?G Operatives of 3arlac Cit2 0olice $tation& in coordination with the 0)?A& on the residence of the accused1appellant on *# March *++< at Done !& .aranga2 Maliwalo& 3arlac Cit2 and the seiure therein of one (!, plastic pac; of white cr2stallinesubstance of methamphetamine h2drochloride or 6shabu7 weighing +%+## gram are legal% As a conse:uence of the legal search& the saidmethamphetamine h2drochloride or 6shabu7 seied on the occasion thereof& is admissible in evidence against the accused1appellant%73he accused1appellant& through her new counsel from the 0ublic Attorne2’s Ofice& goes further bac;& presenting new arguments& that (!,the search warrant was not based on probable cause& hence& the evidence allegedl2 obtained through it ma2 not be admitted to support theaccused1appellant’s conviction and (*, the presumption of regularit2 in the performance of oficial functions b2 public oficers cannot prevail over the presumption of innocence%3he srcinal position of the accused which& in this petition& begins with the contention of non1compliance with all the re:uisites of illegalpossession of dangerous drugs% @e agree with the rulings of the trial court and the Court of Appeals that there was indeed full satisfactionof the re:uisites for the conviction of the accused%3he trial court found that the evidence presented b2 the prosecution was not ade:uatel2 defeated% Re1stating that in illegal possession of prohibited drugs& there are onl2 three (<, elements to secure conviction- (!, accused is in possession of the prohibited drugs/ (*, suchpossession is not authoried b2 law/ and (<, accused consciousl2 and freel2 possessed the prohibited drugs& the trial court held that allthese were established be2ond doubt% 't determined that appellant failed to proffer evidence enough to discredit the prosecution andrender doubtful his guilt%3he argument is without merit%'n the case at hand& the so1called frame1up was virtuall2 pure allegation bereft of credible proof% 3he narration of the police oficer whoimplemented the search warrant& was found after trial and appellate review as the true stor2% 't is on irmer ground than the self1servingstatement of the accused1appellant of frame1up%3he defense cannot solel2 rel2 upon the constitutional presumption of innocence for& whileit is constitutional& the presumption is not conclusive% 5otabl2& the accused1appellant herself stated in her brief that 6no proof wasproffered b2 the accused1appellant of the police oficers’ alleged ill motive%7 '! !*I( v. !()I(O A%M% M3B1+!1!<= & Bul2 & *++<FAC3$-  .efore this Court is a complaint iled b2 0$upt% Rud2 >% Gacadin of Camp Macabulos& 3arlac Cit2 against Budge Marvin .% Mangino of the Municipal 3rial Court (.ranch !, of 3arlac Cit2 for gross ignorance of the law%On Februar2 ! & !& respondent issued two search warrants for the search and seiure of irearms and shabu in the house of Antonio EaoGim in 3arlac Cit2% On Februar2 * & !& $0O< Cesario I% Gapitan iled a motion to e8tend the validit2 of the search warrants& due to their failure to use said warrants within its period of effectivit2% 3hat same da2& respondent issued an Order e8tending the effectivit2 of said warrants up to ifteen da2s from that date%'nformation for violation of $ection ! & Art% '''& R%A% 5o% =*#& as amended& and for 'llegal 0ossession of Firearms and Ammunitions were iled against Gim on March *& ! with the Regional 3rial Court (.ranch <,& 3arlac Cit2% On March #& !& the accused iled a Motion to Iuash $earch @arrants and 'nformation before ?8ecutive Budge Adriano& principall2 on the ground that when the peace oficers implemented the search warrants& the same were alread2 null and void& as their implementation on March *& ! was more than ten da2s from the issuance of the warrants% Budge Adriano ordered the release of the accused and the dismissal of the two 'nformation in an Order%Budge Adriano stated that instead of 9ust acting favorabl2 on the motion for e8tension of its lifetime of the search warrants& the issuing Court should have conducted clariicator2 :uestionings as if a new application for search warrant is iled% 'f there is a need thereafter& then another warrant should be issued instead of issuing an illegal order e8tending the life of the search warrant alread2 null and void% 3he search conducted b2 the peace oficers were illegal& all the evidence obtained therefrom is also inadmissible in evidence hence the accused is ordered released from custod2%'n his Comment& respondent M3C Budge e8plained& thus- He granted the motion to e8tend the validit2 of the warrants because the ;e2 witness Romeo Collado could not be presented immediatel2 for clariicator2 :uestions in order that a new one ma2 be issued% 'n granting the e8tension he also considered the ruling in 0eople vs% 5arvas that even if the evidence is missing& the case could still be established through the indubitable testimonies of witnesses% 'n this case& the testimon2 of Romeo Collado& which served as the basis for issuance of thesrcinal search warrant& could also be used in prosecuting the accused% 'n a Resolution dated Februar2 !=& *++!& this Court resolved to doc;et the instant administrative case as a regular administrative matter% 'n its evaluation& the Ofice of the Court Administrator found that based on $ection & Rule !* & !# Rules of Criminal 0rocedureRespondent 9udge erred in e8tending the effectivit2 of the search warrants& the same being an utter disregard of the Rules% 3he OCA then recommended that respondent be ined the amount of 0#&+++%++ for >ross 'gnorance of the Gaw%'$$J?$-!% 's respondent 9udge guilt2 of gross ignorance of the lawK
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