Scribd Logo
Upload

Welcome to Scribd!

  • 187 views

    383 - Pastrano v. Ca - 104504

    Uploaded by

    Brian Kelvin Pineda
    The Supreme Court of the Philippines ruled against petitioner Pedrito Pastrano in a case involving illegal possession of firearms. Students reported seeing Clyde Pastrano beaten by his father Pedrito and that Pedrito possessed firearms. Clyde later died, and two of Pedrito's sons also reported he possessed unlicensed firearms. A search warrant was issued based on their affidavits. Firearms were found during the search of Pedrito's home. The Court ruled that while the search warrant did not fully comply with requirements to be in writing and under oath, Pedrito waived any objections by not filing a motion to quash the information or objecting to the evidence at trial. The prosecution had also clearly established Pedrito's guilt of

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    383 - Pastrano v. Ca - 104504

    Uploaded by

    Brian Kelvin Pineda
    187 views2 pages
    The Supreme Court of the Philippines ruled against petitioner Pedrito Pastrano in a case involving illegal possession of firearms. Students reported seeing Clyde Pastrano beaten by his father Pedrito and that Pedrito possessed firearms. Clyde later died, and two of Pedrito's sons also reported he possessed unlicensed firearms. A search warrant was issued based on their affidavits. Firearms were found during the search of Pedrito's home. The Court ruled that while the search warrant did not fully comply with requirements to be in writing and under oath, Pedrito waived any objections by not filing a motion to quash the information or objecting to the evidence at trial. The prosecution had also clearly established Pedrito's guilt of

    Original Description:

    Digest

    Original Title

    383_PASTRANO V. CA_104504

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Supreme Court of the Philippines ruled against petitioner Pedrito Pastrano in a case involving illegal possession of firearms. Students reported seeing Clyde Pastrano beaten by his father Pedrito and that Pedrito possessed firearms. Clyde later died, and two of Pedrito's sons also reported he possessed unlicensed firearms. A search warrant was issued based on their affidavits. Firearms were found during the search of Pedrito's home. The Court ruled that while the search warrant did not fully comply with requirements to be in writing and under oath, Pedrito waived any objections by not filing a motion to quash the information or objecting to the evidence at trial. The prosecution had also clearly established Pedrito's guilt of

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    187 views2 pages

    383 - Pastrano v. Ca - 104504

    Uploaded by

    Brian Kelvin Pineda
    The Supreme Court of the Philippines ruled against petitioner Pedrito Pastrano in a case involving illegal possession of firearms. Students reported seeing Clyde Pastrano beaten by his father Pedrito and that Pedrito possessed firearms. Clyde later died, and two of Pedrito's sons also reported he possessed unlicensed firearms. A search warrant was issued based on their affidavits. Firearms were found during the search of Pedrito's home. The Court ruled that while the search warrant did not fully comply with requirements to be in writing and under oath, Pedrito waived any objections by not filing a motion to quash the information or objecting to the evidence at trial. The prosecution had also clearly established Pedrito's guilt of

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PASTRANO V.

    CA
    383
    Date October 31, 1997 GR Number 104504 Ponente
    MENDOZA, J

    Article 3, Section 2 BRIAN PINEDA


    Petitioners: PEDRITO PASTRANO ||| Respondents: Court of Appeals

    Doctrine:
    As held in People v. Omaweng, the right to be secure against unreasonable searches and
    seizures, like any other right, can be waived and the waiver may be made either expressly or
    impliedly. The Court find that the prosecution clearly established the elements of the crime
    charged and that the Court of Appeals and the trial court correctly found petitioner guilty
    beyond reasonable doubt of the crime of Illegal Possession of Firearms and Ammunition.

    Facts:
    A group of students went to see Capt. Rodolfo Mañoza, then intelligence operations officer of
    the Philippine Constabulary, at Camp Naranjo, at Oroquieta City. They reported having seen
    Clyde Pastrano beaten up by his father, petitioner Pedrito Pastrano. The students were willing
    to testify but expressed fear of the petitioner who, according to them, had firearms. Clyde
    Pastrano had died and it was suspected he had been the victim of foul play. Two sons of
    Pedrito Pastrano by his estranged wife also saw Capt. Mañoza, seeking his assistance in
    connection with the death of their brother Clyde. The brothers reported that their father and
    his common-law wife were keeping unlicensed firearms in their house. They executed a joint
    affidavit which they stated that they had personal knowledge of the fact that their father
    Pedrito Pastrano was keeping three (3) firearms of different calibers in the bedroom of his
    house.

    On the basis of the affidavit of the Pastrano brothers, Capt. Mañoza applied for a search
    warrant on the same day. After examining complainant and the two brothers, Judge
    Teodorico M. Durias of the Municipal Trial Court of Oroquieta City (Branch I) issued a search
    warrant which Capt. Mañoza and his men later served at the residence of Pedrito Pastrano at
    Capitol Drive, Oroquieta City. Seized from petitioner's dwelling was a sack containing the
    following: One (1) Revolver Cal. 22 Magnum with Serial No. 07345. Made in Germany
    ROHMGMBH SONTHEM/BRENZ; One (1) round ammunition for Cal. 22 Magnum; One (1)
    Revolver Cal. 32 with Serial No. 233833 Colt Made in U.S.A.; Six rounds of live Ammunition for
    Cal. 32 revolver. On the basis of the evidence thus seized, petitioner Pedrito Pastrano y
    Capapas and his common-law wife, Erlinda Ventir y Sanchez, were charged with Illegal
    Possession of Firearms and Ammunition as penalized under P.D. No. 1866, §1.
    Issue/s: Ruling:
    1. Whether or not the Search Warrant issued by Judge Teodorico 1. No
    Durias is invalid for failure to comply with the basic requirements
    of the Constitution.

    Petitioner assails the absence of a written deposition showing that the judge had examined
    the complainant and his witnesses by means of searching questions in writing and under oath
    as required by Rule 126, §4 of the Rules on Criminal Procedure. Rule 126, §4 indeed requires
    the examination of the complainant and his witnesses to be put in writing and under oath.
    But although this is a ground for quashing a search warrant in this case, petitioner did nothing
    to this end. He did not move to quash the information before the trial court. Nor did he
    object to the presentation of the evidence obtained as being the product of an illegal search.
    Petitioner thus waived any objection based on the illegality of the search. As held in People v.
    Omaweng, the right to be secure against unreasonable searches and seizures, like any other
    right, can be waived and the waiver may be made either expressly or impliedly. The Court find
    that the prosecution clearly established the elements of the crime charged and that the Court
    of Appeals and the trial court correctly found petitioner guilty beyond reasonable doubt of
    the crime of Illegal Possession of Firearms and Ammunition.

    You might also like