NBI forensic subpoena on Franco Mabanta’s phone now moot.
PGMN counsel Atty. Bernice Piñol-Rodriguez said Thursday that a subpoena issued by the National Bureau of Investigation directing PGMN founder Franco Mabanta and four co-workers to appear for digital forensic examination has become “moot and academic” due to a pending case.
The statement came after today’s hearing on the pending case filed by former House Speaker Martin Romualdez, which the PGMN camp has consistently described as a politically motivated attempt to damage its reputation.
Piñol-Rodriguez maintained that the NBI’s order directing the accused to appear before its Digital Forensic Laboratory Division on May 22 had already been overtaken by developments in the pending case.
“Under Section 14, Rule 126 of the Revised Rules on Criminal Procedure, as echoed in the Rule on Cybercrime Warrants, that once a criminal action has been instituted, all incidents relating to a search warrant — including the examination of the data seized thereunder — shall be heard and resolved exclusively by the court that has acquired jurisdiction over the case,” Piñol said.
She added that the NBI’s separate directive to proceed with the examination had effectively been superseded.
