This case has been cited 1 times or more.
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2005-06-28 |
CALLEJO, SR., J. |
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| The petitioner avers that it was deprived of its right to a day in court when the trial court quashed the search warrant for a ground which was not raised by the respondents herein in their motion to quash the warrant. As such, it argues that the trial court ignored the issue raised by the respondents. The petitioner insists that by so doing, the RTC deprived it of its right to due process. The petitioner asserts that the description in the search warrant of the products to be seized "finished or unfinished products of UNILAB" is sufficient to include counterfeit drugs within the premises of the respondents not covered by any license to operate from the BFAD, and/or not authorized or licensed to manufacture, or repackage drugs produced or manufactured by UNILAB. Citing the ruling of this Court in Padilla v. Court of Appeals,[28] the petitioner asserts that the products seized were in plain view of the officers; hence, may be seized by them. The petitioner posits that the respondents themselves admitted that the seized articles were in open display; hence, the said articles were in plain view of the implementing officers. | |||||