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Leon Tambasen Vs. People Of The Phil., Et Al.

LEON TAMBASEN, petitioner, vs. PEOPLE OF THE PHILIPPINES, 2ND ASSISTANT PROVINCIAL PROSECUTOR GLORIA LASTIMOSA MARCOS and HON. CICERO U. QUERUBIN in his capacity as Presiding Judge of the Regional Trial Court of Negros Occidental, Branch 44, Bacolod City, respondents.

G.R. No. 89103 | 1995-07-14

D E C I S I O N


QUIASON, J.:

This is a petition for certiorari and prohibition under Rule 65 of the Revised Rules of Court to set aside the order dated July 20, 1989 of the Regional Trial Court (RTC), Branch 44, Bacolod City in Civil Case No. 5331, which nullified with order earlier issued by the Municipal Trial Circuit Court (MTCC) of the City of Bacolod. The MTCC Order directed the return to petitioner of the amount of P14,000.00 which had been seized by the police.

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On August 31, 1988, P/ Sgt. Flumar Natuel applied for the issuance of a search warrant from the MTCC, alleging that he received information that petitioner had in his...