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[ G.R. No. 133270-71. September 27, 2000]

MARIBEL A. LAGMAN vs. PEOPLE, et al.

FIRST DIVISION

Gentlemen:

Quoted hereunder for your information, is a resolution of this Court dated SEPT 27 2000.

G.R. No. 133270-71 (Maribel A. Lagman vs. People of the Philippines and Honorable Eliezer E. De Los Santos, Judge, Regional Trial Court, Branch 59, Angeles City.)

Maribel A. Lagman filed before this Court a petition for certiorari and prohibition with prayer for the issuance of a Temporary Restraining Order and Writ of Preliminary Injunction. Petitioner seeks the issuance of: (1) a Temporary Restraining Order or a Writ of Preliminary Injunction and later a Writ of Prohibition directing the respondent Judge to desist, from further proceeding with petitioner's trial in Criminal Case Nos. 96-377 and 96-378; and (2) a Writ of Certiorari reversing the February 6, 1998 Order of respondent judge and declaring Search Warrant No. 96-101 invalid and the items seized thereby as inadmissible in evidence and annul the Order of the Regional Trial Court of Angeles City, Branch 59 dated February 6, 1998 which admitted the prosecution's formal offer of evidence and at the same time denied petitioner's motion to suppress evidence. Likewise prayed for is a restraining of the continuation of trial against petitioner before the lower court.

In essence, petitioner wants this Court to declare Search Warrant No. 96-101, issued by the then Executive Judge William M. Bayhon of Branch 23, Regional Trial Court of Manila, as invalid, insofar as it fails to particularize the person of, or to name petitioner Maribel Lagman in violation of her right against unlawful search. Petitioner further questions the validity of the search warrant on the ground that Renato Vaflor and Ricardo Diaz, the NBI Agents who applied for said warrant, as well as their witness had no personal knowledge of the existence of the alleged illegal items stored in petitioner's house.

On 15 June 1998, without granting the temporary restraining order prayed for, this Court required respondents to file their Comment on the petition. In its comment, the Office of the Solicitor General prayed for a dismissal of the petition for lack of merit. In reply thereto, petitioner while still reiterating the prayer contained in her petition manifested before this Court that the trial of the case before the lower court has been terminated and that she has been convicted and meted with the death penalty. Hence, by operation of law, she has a pending appeal before this Court with G.R. Nos. 134680-82.

Considering the pendency of petitioner's conviction before this court in G.R. Nos. 134680-82, we resolve to dismiss the present petition. The validity of the said search warrant, as well as the order of the trial court admitting the People's formal offer of evidence, is intimately related to petitioner's conviction. As the former issues are but incidental to the latter, the validity of search warrant and the order accepting the prosecution's evidence is best resolved in the main case.

IN VIEW OF THE FOREGOING, the petition is hereby DISMISSED.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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