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ERIC C. ONG vs. HON. CA and PEOPLE

ERIC C. ONG, petitioner, vs. HON. COURT OF APPEALS and THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 132839 | 2001-11-21

D E C I S I O N

QUISUMBING, J.:

This petition assails the decision dated October 29, 1997, of the Court of Appeals in CA-G.R. No. S.P. 43397, and its resolution dated February 27, 1998, denying the motion for reconsideration.[1] Said decision set aside the resolution dated April 16, 1996, and the order dated June 18, 1996, of the Regional Trial Court of Batac, Ilocos Norte,[2] Branch 17, granting the recall of the search warrant issued against petitioner Eric C. Ong.

The facts of the case as found by the Court of Appeals are as follows:

On July 4, 1995, respondent Judge Ariston Rubio of the Regional Trial Court (RTC) Branch 17 of Batac...