HPS SOFTWARE AND COMMUNICATION CORPORATION AND HYMAN YAP, VS. PHILIPPINE LONG DISTANCE TELEPHONE COMPANY (PLOT), JOSE JORGE E. CORPUZ, IN HIS CAPACITY AS THE CHIEF OF THE PNP-SPECIAL TASK FORCE GROUP-VISAYAS, PHILIP YAP, FATIMA CIMAFRANCA, AND EASTERN TELECOMMUNICATIONS PHILIPPINES, INC..

Ruling

Wherefore, all the foregoing considered, the undersigned finds the existence of probable cause for the crimes of Theft and Violation of PD 401 against all the respondents herein, excluding Fatima Cimafranca, hence, filing in court of corresponding Informations is hereby duly recommended. [11] On November 23, 2000, Philip Yap and Hyman Yap filed a Motion to Quash and/or Suppress Illegally Seized Evidence. [12] Then on December 11, 2000, HPS Corporation filed a Motion to Quash Search Warrant and Return of the Things Seized. [13] Both pleadings sought to quash the search warrants at issue on the grounds that the same did not refer to a specific offense; that there was no probable cause; and that the search warrants were general warrants and were wrongly implemented. In response, PLDT formally opposed the aforementioned pleadings through the filing of a Consolidated Opposition. [14] The trial court then conducted hearings on whether or not to quash the subject search warrants and, in the course thereof, the parties produced their respective evidence. HPS Corporation, et al . presented, as testimonial evidence, the testimonies of Mr. Jesus M. Laureano, the Chief Enforcement and Operation Officer of the National Telecommunications Commission (NTC)-Region VII and Ms. Marie Audrey Balbuena Aller, HPS Corporations administrative officer, while PLDT presented Engr. Policarpio Tolentino, who held the position of Engineer II, Common Carrier Authorization Division of the NTC. [15] In the course of Engr. Tolentinos testimony, he identified certain pieces of evidence which PLDT caused to be marked as its own exhibits but was objected to by HPS Corporation, et al. on the grounds of immateriality. The trial court sustained the objection and accordingly disallowed the production of said exhibits. Thus, PLDT filed a Manifestation with Tender of Excluded Evidence [16] on April 18, 2001 which tendered the excluded evidence of (a) Mabuhay card with Personal Identification Number (PIN) code number 349 4374802 (Exhibit E), and (b) Investigation Report dated October 2, 2000 prepared by Engr. Tolentino in connection with the validation he made on the complaints of PLDT against ISR activities in Cebu City and Davao City (Exhibit G). Subsequently, on April 19, 2001, PLDT formally offered in evidence, as part of Engr. Tolentinos testimony and in support of PLDTs opposition to HPS Corporation, et al. s motion to quash, the following: (a) Subpoena Duces Tecum and Ad Testificandum issued by the trial court to Engr. Tolentino, commanding him to appear and testify before it on March 26, 27 and 28, 2001 (Exhibit A); (b) Identification Card No. 180 of Engr. Tolentino (Exhibit B); (c) PLDTs letter dated September 22, 2000, addressed to then NTC Commissioner Joseph A. Santiago (Exhibit C); (d) Travel Order No. 52-9-2000 issued to Engr. Tolentino and signed by then NTC Commissioner Joseph Santiago (Exhibit D); and (e) Travel Order No. 07-03-2001 dated March 23, 2001