9R

Outline of Arguments
Petitioners:
I Applicability of certiorari
a Requisites of certiorari are met in the case
i Grave abuse of discretion by Judge Padilla in issuance of warrant
ii Lack or excess of jurisdiction because it is the RTC who handled the case
rather than the Family Court
II Validity of the search warrants
a Failure of judge Padilla to make personal determination
b No warrant as per Cybercrime Law in getting the IP address
c Lack of particularity in search
III Admissibility of the confession and other evidence gathered during the raid
a No valid search warrant (due to argument II) and therefore evidence is
inadmissible
b Micah was without counsel during confession

Respondents:
I Propriety of filing the petition for certiorari with the Supreme Court
a Certiorari via Rule 65 of the Rules of Court is under the concurrent jurisdiction of
the SC and the CA; proper petition in the case at bar
b Hierarchy of Courts doctrine prevents filing of petition simply at the court of
choosing
i SC is a court of last resort and must not be overburdened by cases of lesser
importance
ii Petitioners' freedom of choice is limited in practice; must clearly state
importance of petition to warrant exception
iii Exceptions are granted only in cases of transcendental importance and
urgency as detailed in jurisprudence
iv Circumstances of case at bar clearly do not meet the requirements and thus
do not constitute an exception to the doctrine
II Validity of the search warrants and arrests
i 1987 Philippine Constitution as a source of right to conduct valid searches
and arrest
ii There was a valid search warrant as the requisites were met: probable
cause; probable cause determined personally by the judge; judge must
examine under oath or affirmation the complainant or witnesses he may
produce; warrant must particularly describe the place to be searched or the
things to be seized
iii The arrest was valid as this a case of flagrante delicto: Rule 113, Section
5, Rules of Court
III Admissibility of the confession and other evidence gathered during the raid
a Petitioners are not under custodial investigation
b Micah Morales failed to object the admissibility of his confession
c Particularity and relevance of evidence was sufficient