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Nicomedes Silva, Et Al. Vs. Regional Trial Court Of Negros Oriental

NICOMEDES SILVA @ "Comedes", MARLON SILVA @ "Tama" and ANTONIETA SILVA, petitioners, vs. THE HONORABLE PRESIDING JUDGE, REGIONAL TRIAL COURT OF NEGROS ORIENTAL, BRANCH XXXIII, DUMAGUETE CITY, respondent. Marcelo G. Flores for petitioners.

G.R. No. 81756 | 1991-10-21

D E C I S I O N


FERNAN, C.J.:

In this special civil action for certiorari, petitioners seek the nullification of Search Warrant No. 1 issued by respondent Judge as well as the return of the money in the amount of P1,231.00 seized from petitioner Antonieta Silva.

The antecedent facts are as follows:

On June 13, 1986, M/Sgt. Ranulfo Villamor, Jr., as chief of the PC Narcom Detachment in Dumaguete City, Negros Oriental, filed an "Application for Search Warrant" with the Regional Trial Court, Branch XXXIII, Dumaguete City against petitioners Nicomedes Silva and Marlon Silva. 1 This application was accompanied by a "Deposition of Witness"...