People vs CA GR No.

126379 June 26,1998 Search Warrant Place to be Searched is Controlling In December 1995, Quezon City PNP applied for a search warrant before the QC RTC against Azfar Hussain who had allegedly in his possession firearms and explosives at Abigail Variety Store, Apt. 1207 Area F, Bagong Buhay Avenue, Sapang Palay, San Jose del Monte, Bulacan. A warrant was issued the next day by J Bacalla not at AVS but at AVS, Apt. 1 Area F, Bagong Buhay Avenue, Sapang Palay, San Jose del Monte, Bulacan Apt 1 is immediately adjacent to AVS. The PNP then proceeded to search the said apartment where they seized money, some clothings, 4 Pakistani nationals including Hussain and some explosives. The Pakistanis petitioned before J Casanova that the search warrant is invalid for there is a discrepancy in the place described and place indicated in the warrant. AVS is not in any way the same as Apt 1 for Apt 1 is totally separate. J Casanova quashed the search warrant and ordered the return of the things seized and at the same time ordered the seized things to be inadmissible as evidence. Prosecutor Chiong moved that the decision be reversed. The CA affirmed the decision of J Casanova. Chiong averred that the policemen who did the search has acted on their knowledge. The PNP actually knew that the Pakistanis are indeed residing in Apt 1 and not in the AVS. ISSUE: Whether or not there was a valid search warrant issued. HELD: The SC affirmed the decision of the CA. The place to be searched, as set out in the warrant, cannot be amplified or modified by the officers own personal knowledge of the premises, or the evidence they adduced in support of their application for the warrant. Such a change is proscribed by the Constitution which requires inter alia the search warrant to particularly describe the place to be searched as well as the persons or things to be seized. It would concede to police officers the power of choosing the place to be searched, even if it not be that delineated in the warrant. It would open wide the door to abuse of the search process, and grant to officers executing a search warrant that discretion which the Constitution has precisely removed from them. The particularization of the description of the place to be searched may properly be done only by the Judge, and only in the warrant itself; it cannot be left to the discretion of the police officers conducting the search.

Reodica v CA 292 SCRA 87 Facts: Isabelita Reodica was allegedly recklessly driving a van and hit Bonsol causing him physical injuries and damage to property amounting to P 8,542.00. Three days after the accident a complaint was filed before the fiscals office against the petitioner. She was charged of "Reckless Imprudence Resulting in Damage to Property with Slight Physical Injury." After pleading not guilty trial ensued. RTC of Makati rendered the decision convicting petitioner of "quasi offense of reckless imprudence, resulting in damage to property with slight physical injuries" with arresto mayor of 6 months imprisonment and a fine of P 13,542.00. Petitioner made an appeal before the CA which re-affirmed the lower courts decision. In its motion for reconsideration, petitioner now assails thatthe court erred in giving its penalty on complex damage to property and slight physical injuries both being light offenses over which the RTC has no jurisdiction and it cant impose penalty in excess to what the law authorizesreversal of decision is still possible on ground of prescription or lack of jurisdiction. Issues: Whether or not the penalty imposed is correct. Whether or not reckless imprudence resulting to damage to property and reckless imprudence resulting to slight physical injuries are light felonies. Whether or not there is a complex crime applying Article 48 of the RPC. Whether or not the duplicity of the information may be questioned for the first time on appeal. Whether or not the RTC of Makati has jurisdiction over the case. Whether the quasi offenses already prescribed. Held: 1. On penalty imposed The proper penalty for reckless imprudence resulting to slight physical injury is public censure (being the penalty next lower in degree to arresto menor see the exception in the sixth paragraph of Article 365 applies). The proper penalty for reckless imprudence resulting to damage to property amounting to 8,542.00 would be arresto mayor in minimum and medium periods. 2. Classification of each felony involved Reckless imprudence resulting to slight physical injuries is a light felony. Public censure is classified under article 25 of RPC as a light penalty and it belongs on the graduated scale in Article 71 of the RPC as a penalty next lower to arresto menor. Reckless imprudence resulting to damage to property is punishable by a correctional penalty of arresto mayor and thus belongs to less grave felony and not as a light felony as claimed by petitioner. 3. Rule on complex crime

Art. 48 on penalty for complex crime provides that when a single act constitutes two or more grave or less grave felonies, or when an offense is necessary a means for committing the other, the penalty for the most serious crime shall be imposed, the same to be applied in its maximum period. Both offenses cannot constitute a complex crime because reckless imprudence resulting to slight physical injuries is not either a grave or less grave felony. Therefore each felony should be filed as a separate complaint subject to distinct penalties. 4. Right to assail duplicity of information Rule 120, section 3 of the Rules of Court provides that when two or more offenses are charged in a single complaint and the accused fails to object against it before the trial, the court may convict the accuse to as many offenses as charged and impose a penalty for each of them. Complainant failed to make the objection before the trial therefore the right to object has been waived. 5. Jurisdiction Jurisdiction of the court is determined by the duration of the penalty and the fine imposed as prescribed by law to the offense charged. Reckless imprudence resulting to slight physical injuries and reckless imprudence resulting to damage to property is within the jurisdiction of the MTC. The case was dismissed due to lack of jurisdiction of the RTC of Makati and the decision of the CA was set aside.

Court Ruling on Zaldivia v Reyes and Reodica v CA on Prescription: 1. Zaldivia v Reyes involves a violation of an ordinance while in Reodica v CA the violation was against the RPC. 2. Filing of a complaint in the fiscals office involving a felony under the RPC is sufficient to interrupt the running of prescription. But filing a complaint under the fiscals office involving offenses punished by a special law (i.e. ordinance) does not interrupt the running of prescription. Act 3326 is the governing law on prescriptions of crimes punishable by a special law which states that prescription is only interrupted upon judicial proceeding.