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Elizalde Malaloan, Et Al. Vs. Court Of Appeals, Et Al. [ SEPARATE OPINION DAVIDE, JR., J. ]

ELIZALDE MALALOAN and MARLON LUAREZ, petitioners, vs. COURT OF APPEALS; HON. ANTONIO J. FINEZA, in his capacity as Presiding Judge, Branch 131, Regional Trial Court of Kalookan City; HON. TIRSO D.C. VELASCO in his capacity as Presiding Judge, Branch 88, Regional Trial Court of Quezon City; and PEOPLE OF THE PHILIPPINES, respondents. [ SEPARATE OPINION DAVIDE, JR., J. ]

G.R. No. 104879 | 1994-05-06

SEPARATE OPINION

DAVIDE, JR., J., concurring and dissenting: 

The majority opinion enunciates these two principles: 

1. Before the criminal action is filed with the appropriate court, a court which has no territorial jurisdiction over the crime may validly entertain an application for and thereafter issue a search warrant in connection with the commission of such crime; and 

2. After the filing of the criminal action, the court with which it was filed has primary jurisdiction to issue search warrants necessitated by and for purposes of said case; however, under extreme and compelling circumstances, another court may issue a...