Case Digest: David vs. Macapagal-Arroyo, G.R. Nos. 171396, 17140, et.al, May 3, 2006

Unreasonable Search and Seizures | Constitutional Law

Facts:

In 2006, President Gloria Macapagal-Arroyo declared a state of national emergency in the Philippines through Presidential Proclamation No. 1017. This led to the issuance of General Order No.5 and No.6, directing the Armed Forces of the Philippines and the Philippine National Police to maintain law and order and suppress any form of rebellion or lawless violence.

The Office of the President announced the cancellation of all programs and activities related to the 20th anniversary celebration of Edsa People Power I; and revoked the permits to hold rallies issued earlier by the local governments. Justice Secretary Raul Gonzales stated that political rallies, which to the President’s mind were organized for purposes of destabilization, are cancelled. Presidential Chief of Staff Michael Defensor announced that "warrantless arrests and take-over of facilities, including media, can already be implemented."

On February 25, undeterred by the announcements that rallies and public assemblies would not be allowed, groups of protesters marched from various parts of Metro Manila with the intention of converging at the EDSA shrine. Those who were already near the EDSA site were violently dispersed by huge clusters of anti-riot police. During the dispersal of the rallyists along EDSA, police arrested without warrant petitioner Randolf S. David.

Operatives of the Criminal Investigation and Detection Group (CIDG) of the PNP, raided the Daily Tribune offices in Manila. The raiding team confiscated news stories by reporters, documents, pictures, and mock-ups of the Saturday issue. A few minutes after the search and seizure at the Daily Tribune offices, the police surrounded the premises of another pro-opposition paper, Malaya, and its sister publication, the tabloid Abante.

Congressman Crispin Beltran was also arrested by the police based on a warrant for his arrest dated 1985. Members of petitioner KMU who went to visit Beltran were told they could not enter Camp Crame because of PP 1017 and G.O. No. 5, and two members were arrested and detained. Bayan Muna Representative Satur Ocampo's two drivers were taken into custody when the police went after him during a public forum, while retired Major General Ramon Montaño was arrested at the Orchard Golf and Country Club. Attempts were made to arrest several other representatives, and Bayan Muna Representative Josel Virador was arrested in Davao City but later turned over to the custody of the House of Representatives where the "Batasan 5" decided to stay indefinitely.

Seven (7) consolidated petitions for certiorari and prohibition allege that in issuing PP 1017 and G.O. No. 5, President Gloria Macapagal-Arroyo committed grave abuse of discretion. Petitioners contend that respondent officials of the Government, in their professed efforts to defend and preserve democratic institutions, are actually trampling upon the very freedom guaranteed and protected by the Constitution. Hence, such issuances are void for being unconstitutional.

In G.R. No. 171396, petitioners David and Llamas alleged that, they were arrested without warrants on their way to EDSA to celebrate the 20th Anniversary of People Power I. The arresting officers cited PP 1017 as basis of the arrest.

In G.R. No. 171409, petitioners Cacho-Olivares and Tribune Publishing Co., Inc. claimed that the CIDG operatives "raided and ransacked without warrant" their office. Three policemen were assigned to guard their office as a possible "source of destabilization." Again, the basis was PP 1017.

Issue: 

WoN PP 1017 and G.O. No. 5 are unconstitutional.

Held:

PP 1017 is merely an invocation of the President’s calling-out power. Its general purpose is to command the AFP to suppress all forms of lawless violence, invasion or rebellion. It had accomplished the end desired which prompted President Arroyo to issue PP 1021. But there is nothing in PP 1017 allowing the police, expressly or impliedly, to conduct illegal arrest, search or violate the citizens’ constitutional rights.

On 171396: Section 5, Rule 113 provides arrest without warrant; when lawful. Neither of the two (2) exceptions justifies petitioner David’s warrantless arrest. During the inquest for the charges of inciting to sedition and violation of BP 880, all that the arresting officers could invoke was their observation that some rallyists were wearing t-shirts with the invective "Oust Gloria Now" and their erroneous assumption that petitioner David was the leader of the rally. Petitioner David, et al. were arrested while they were exercising their right to peaceful assembly. They were not committing any crime, neither was there a showing of a clear and present danger that warranted the limitation of that right. 

On 171409: The search is illegal. Rule 126 of The Revised Rules on Criminal Procedure lays down the steps in the conduct of search and seizure. Section 4 requires that a search warrant be issued upon probable cause in connection with one specific offence to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. Section 8 mandates that the search of a house, room, or any other premise be made in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality. And Section 9 states that the warrant must direct that it be served in the daytime, unless the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. All these rules were violated by the CIDG operatives.

The warrantless arrest of Randolf S. David and Ronald Llamas; the dispersal and warrantless arrest of the KMU and NAFLU-KMU members during their rallies, in the absence of proof that these petitioners were committing acts constituting lawless violence, invasion or rebellion and violating BP 880; the imposition of standards on media or any form of prior restraint on the press, as well as the warrantless search of the Tribune offices and whimsical seizure of its articles for publication and other materials, are declared UNCONSTITUTIONAL.

Recit Version:

Facts:

In 2006, Philippine President Gloria Macapagal-Arroyo declared a state of national emergency through Presidential Proclamation No. 1017, which led to the issuance of General Order No. 5 and No. 6. These directed the Armed Forces of the Philippines and the Philippine National Police to maintain law and order and suppress any form of rebellion or lawless violence. 

The proclamation resulted in the cancellation of programs related to the 20th anniversary celebration of Edsa People Power I, revocation of permits for rallies, and the implementation of warrantless arrests and take-over of facilities, including media. 

Seven consolidated petitions were filed against the constitutionality of the issuances, alleging that they violated the Constitution's guarantees of freedom. Among the petitioners were individuals who were arrested without warrants while on their way to celebrate the 20th anniversary of People Power I, and a publishing company whose office was raided without a warrant.

Issue: 

WoN PP 1017 and G.O. No. 5 are unconstitutional.

Held:

On 171396: Section 5, Rule 113. Arrest without warrant; when lawful.

On 171409: Section 4, Rule 126. Requisites for issuing search warrant; Section 8, Rule 126. Search of house, room, or premises to be made in presence of two witnesses; Section 9, Rule 126. Time of making search.

The warrantless arrest of Randolf S. David and Ronald Llamas; the dispersal and warrantless arrest of the KMU and NAFLU-KMU members during their rallies, in the absence of proof that these petitioners were committing acts constituting lawless violence, invasion or rebellion and violating BP 880; as well as the warrantless search of the Tribune offices and whimsical seizure of its articles for publication and other materials, are declared UNCONSTITUTIONAL.