Nogales vs people

Topic: Art. 201- Immoral doctrines, obscene publications and exhibitions and indecent shows
(Disposition of prohibited articles p. 364, Reyes, RPC 2k12 ed.)

Facts:
 Menez of the NBI applied for a search warrant before the RTC to authorize them to search the
premises of petitioner Phil- Pacific outsourcing Service Corp. and to confiscate and take into
custody the items enumerated in the application. It was stated in the search warrant that
petitioners violated Art. 201 of the RPC.
 After the search, the RTC then issued an order granting the prayer the prayer of Menez to keep
the seized items in the NBI room.
 Aggrieved by the issuance of the said order, the petitioners filed a Motion to quash Search
warrant and return seized properties
 The RTC denied the motion.
 But in a resolution dated Feb. 21, 2008, the Assistant City Prosec. recommended that the
complaint for violation of Art. 201 of the RPC be dismissed due to insufficiency of evidence and
the same was approved by the city prosec. So petitioners prayed for the release of the seized
properties.
 But the RTC partially granted the prayer of the petitioners ruling that the case of violation of art.
201 of the RPC cannot be a ground to release the seized properties subject of search warrant.
Hence, the monitor sets are hereby returned, but the CPU and all the softwares containing
obscene materials are retained in the posession of the NBI. The CA affirmed with modification
such decision. The CPU’s and softawares which were ordered to be retained by the NBI shall be
released in favor of the petitioners with the condition that the hard disks be removed from the
CPUs and be destroyed.

ISSUE: W/N THERE WAS GRAVE ABUSE OF DISCRETION ON THE PART OF THE CA IN ORDERING THE
REMOVAL AND DESTRUCTION OF THE HARD DISKS CONTAINING THE PORNOGRAPHIC AND
OBSCENE MATERIALS.

RULING: No.