GR 161106; (January, 2014) (Digest)
G.R. No. 161106 & 161266; January 13, 2014
Worldwide Web Corporation and Cherryll L. Yu, and Planet Internet Corp., Petitioners, vs. People of the Philippines and Philippine Long Distance Telephone Company, Respondents.
FACTS
The Philippine National Police, upon application by PLDT, secured search warrants from the Regional Trial Court against petitioners Worldwide Web Corporation and Planet Internet Corp. The applications alleged that petitioners were engaged in “toll bypass” operations. PLDT’s witnesses testified that petitioners provided an international call service (GlobalTalk) where a user would dial a local PLDT access number, input codes, and then dial an international number. The call would be completed internationally but PLDT’s records would only reflect a local call to its network, bypassing its International Gateway Facility (IGF). This scheme allegedly deprived PLDT of revenues from international calls, constituting theft and violation of P.D. No. 401 (penalizing unauthorized telephone connections). The RTC issued the warrants, but later quashed them, finding no probable cause. The Court of Appeals reversed the quashal, prompting these petitions.
ISSUE
Whether the Court of Appeals erred in reinstating the search warrants, specifically in finding the existence of probable cause for the crimes of theft and violation of P.D. No. 401.
RULING
The Supreme Court denied the petitions and affirmed the Court of Appeals’ reinstatement of the search warrants. The legal logic rests on the finding of probable cause based on the detailed testimonies presented during the exhaustive hearing. For theft, the element of “taking” was established through evidence that petitioners utilized PLDT’s telephone lines and infrastructure to complete international calls without routing them through the IGF, thereby appropriating for themselves revenues rightfully belonging to PLDT. The intent to gain was inferred from the commercial nature of their service and the calculated bypass of the toll collection mechanism.
Regarding P.D. No. 401, the Court found probable cause for unauthorized installation. The testimony demonstrated that petitioners’ equipment was interconnected with PLDT’s lines to reroute calls, constituting an unauthorized connection under the decree. The Court emphasized that in determining probable cause for a search warrant, the judge merely examines the evidence to decide if there is reason to believe that a crime has been committed and that the items to be seized are in the place to be searched. The applicant’s witnesses provided a clear, firsthand account of the technical operation of the toll bypass, which was sufficient to support the issuing judge’s finding of probable cause. The warrants particularly described the items to be seized, which were instruments of the alleged offenses.