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7. Whether the criminal case (of which the search warrant is an incident) has already been filed before
the trial court is significant for the purpose of determining the proper remedy from a grant or denial
of a motion to quash a search warrant.
Where the search warrant is issued as an incident in a pending criminal case, as it was in Marcelo,
the quashal of a search warrant is merely interlocutory. There is still "something more to be done in
the said criminal case, i.e., the determination of the guilt of the accused therein." (Rule 65)
In contrast, where a search warrant is applied for and issued in anticipation of a criminal case yet to
be filed, the order quashing the warrant (and denial of a motion for reconsideration of the grant)
ends the judicial process. There is nothing more to be done thereafter. (RULE 41)
Thus, the CA correctly ruled that Marcelo does not apply to this case. Here, the applications for
search warrants were instituted as principal proceedings and not as incidents to pending criminal
actions. When the search warrants issued were subsequently quashed by the RTC, there was nothing
left to be done by the trial court. Thus, the quashal of the search warrants were final orders, not
interlocutory, and an appeal may be properly taken therefrom. (G.R. No. 161106 )
8. A. The procedure for determining just compensation is set forth in Rule 67 of the 1997 Rules of Civil
Procedure. Section 5 of Rule 67 states that [u]pon the rendition of the order of expropriation, the
court shall appoint not more than three (3) competent and disinterested persons as commissioners
to ascertain and report to the court the just compensation for the property sought to be taken B.