Friday, July 4, 2014

OBSCENE MATERIALS OR PORNOGRAPHIC FILES:

     While it may be true that the criminal case for violation of Article 201 of the Revised Penal Code was dismissed as there was no concrete and strong evidence pointing to them as the direct source of the subject pornographic materials, it cannot be used as basis to recover the confiscated hard disks. At the risk of being repetitious, it appears undisputed that the seized computer units belonging to them contained obscene materials or pornographic files. Clearly, petitioners had no legitimate expectation of protection of their supposed property rights. (Nogales vs. People, G.R. No. 191080, November 21, 2011, Mendoza, J.)

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