sic itur ad astra

             Unreasonable Search and Seizures; Search Warrant  | Constitutional Law Facts: Upon application of the officers Respondents-Prosecutors, Respondents-Judges issued, a total of 42 search warrants against petitioners herein and/or the corporations of which they were officers, directed to the any peace officer, to search the persons above-named and/or the premises of their offices, warehouses and/or residences, and to seize and take possession of the following personal property to wit: Books of accounts, financial records, vouchers, correspondence, receipts, ledgers, journals, portfolios, credit journals, typewriters, and other documents and/or papers showing all business transactions including disbursements receipts, balance sheets and profit and loss statements and Bobbins (cigarette wrappers). as “the subject of the offense; stolen or embezzled and proceeds or fruits of the offense,” or “used or intended to be used as the means of ...

             Unreasonable Search and Seizures; Search Warrant  | Constitutional Law Facts: This concerns the validity of the power of the Secretary of Labor to issue warrants of arrest and seizure under Article 38 of the Labor Code, prohibiting illegal recruitment. On October 21, 1987, Rosalie Tesoro in a sworn statement filed with the Philippine Overseas Employment Administration (POEA) charged petitioner Hortencia Salazar. On November 3, 1987, public respondent Atty. Ferdinand Marquez to whom said complaint was assigned, sent to the petitioner the following telegram: YOU ARE HEREBY DIRECTED TO APPEAR BEFORE FERDIE MARQUEZ POEA ANTI ILLEGAL RECRUITMENT UNIT 6TH FLR. POEA BLDG. EDSA COR. ORTIGAS AVE. MANDALUYONG MM ON NOVEMBER 6, 1987 AT 10 AM RE CASE FILED AGAINST YOU. FAIL NOT UNDER PENALTY OF LAW. On the same day, having ascertained that the petitioner had no license to operate a recruitment agency, public respondent Administrator Tomas D....

            Unreasonable Search and Seizures; Search Warrant  | Constitutional Law Facts: P/Major Alladin Dimagmaliw, Chief of the Intelligence Special Action Division (ISAD) of the Western Police District (WPD), filed an application for the issuance of a search warrant for violation of PD No. 1866 against Nemesis E. Prudente at the Regional Trial Court (RTC) of Manila, Branch 33, presided over by respondent Judge Abelardo Dayrit. The search warrant application alleged that Nemesio Prudente has in his control or possession firearms, explosives handgrenades, and ammunition, which are illegally possessed or intended to be used as the means of committing an offense that he is keeping and concealing at the Polytechnic University of the Philippines, Anonas St. Sta. Mesa, Sampaloc, Manila, specifically in the offices of the Department of Military Science and Tactics, and other rooms at the ground floor, as well as the office of the President, Dr. Nemesi...

           Unreasonable Search and Seizures; Warrantless Arrest  | Constitutional Law Facts: On March 2, 1982, police officers were conducting surveillance at Victory Liner Terminal in San Fernando, Pampanga, when they noticed a suspicious individual carrying a red bag. When asked to open the bag, the person initially refused but eventually complied when the officers identified themselves. Inside the bag, they found marijuana leaves weighing around one kilo, and the person identified himself as Medel Tangliben and claimed to be delivering the drugs to Olongapo City. Tangliben was taken to the police headquarters for further investigation, and the marijuana leaves were sent for testing.  Tangliben was later found guilty of violating Republic Act 6425 and sentenced to life imprisonment. Issue: WoN the lower court erred in admitting as evidence the package of marijuana allegedly seized from defendant-appellant as it was a product of an...

          Unreasonable Search and Seizures; Waiver  | Constitutional Law Facts: Conway B. Omaweng was indicted for violating Section 4, Article II of the Dangerous Drugs Act of 1972, as amended, for transporting prohibited drugs without authorization by law.  A PC constable with the Mt. Province PC Command at Bontoc, Mt. Province proceeded with other PC soldiers to Barrio Dantay, Bontoc and, per instruction of their officer, Capt. Eugene Martin, put up a checkpoint at the junction of the roads, one going to Sagada and the other to. They stopped and checked all vehicles that went through the checkpoint. At about 9:15 A.M., Layong and his teammate, Constable David Osborne Famocod (sic), saw and flagged down a cream-colored Ford Fiera bearing Plate No. ABT-634 coming from the Bontoc Poblacion and headed towards Baguio. The vehicle was driven by appellant and had no passengers. Layong and his companions asked permission to inspect the vehicle and appe...

         Unreasonable Search and Seizures; Waiver  | Constitutional Law Facts: On November 2, 1982, at around 8:15 pm, a private jeep was stopped at a police checkpoint in Cavite City for a routine inspection regarding unlicensed firearms and other prohibited items.  The driver, Restituto B. Bocalan, was asked if there were firearms inside the vehicle. The occupants answered no. A police officer inspected the vehicle using a flashlight and saw a black leather bag measuring one foot wide and two feet long, with bulging sides. When the police officer asked what was inside, there was no answer.  The bag was opened and found to contain more than two kilos of marijuana. Bocalan and two others were charged for violating Section 4, Article II of Republic Act No. 6425, also known as "The Dangerous Drugs Act of 1972." Issue: WoN  the trial court erred in admitting the bag as evidence against him since it was obtained through a warrantle...

        Unreasonable Search and Seizures; Plain View Doctrine  | Constitutional Law Facts: Peace officers heard gunshots and pursued the shooter to the nearby house of Evaristo. Upon entering the premises and searching for the shooter, the officers discovered a noticeable bulge around the waist of Carillo, who admitted it to be a .38 revolver.  The firearm was confiscated, and Carillo was invited for questioning. Sgt. Romeroso then asked Evaristo's permission to search the house, which was granted, and several firearms and paraphernalia were found in the sala. Evaristo was convicted of illegal possession of firearms and argued that the seizure of evidence was inadmissible because it was not authorized by a valid warrant. Issue: WoN the lower court erred in admitting exhibits "B" to "F" in evidence considering that those are illegally seized evidence. Ruling: The rule that searches and seizures must be supported by a valid search warrant is not an ...

      Unreasonable Search and Seizures  | Constitutional Law Facts: On February 22, 1991, the Narcotics Command of the 4th Regional Unit filed a search warrant application on the house of spouses Redentor and Sonia Dichoso. After questioning, the court found probable cause, and Search Warrant No. 028 was issued. On February 23, 1991, a team of Narcom agents led by T/Sgt. Iluminado Evangelista served a search warrant on the residence of Redentor Dichoso and Sonia Dichoso at Farconville Subd., Phase II, San Pablo City. The team discovered suspected shabu and marijuana inside a nipa house on the property, as well as a notebook containing a list of suspected customers of dangerous and regulated drugs. The search was shifted to the main house of the Dichosos, but produced negative results.  Issue: WoN Search Warrant No. 028, obtained and executed by the NARCOM agents, is a general warrant because it was issued for "Violation of RA 6425 known as the Dangerou...

     Unreasonable Search and Seizures  | Constitutional Law Facts: Idel Aminnudin was arrested for illegally transporting marijuana shortly after disembarking from the M/V Wilcon at about 8:30 in the evening, in Iloilo City, after the Philippine Constabulary (PC) officers who were in fact waiting for him simply accosted him, inspected his bag and finding what looked liked marijuana leaves. The prosecution stated that they received a tip from an informer that Idel Aminnudin was carrying marijuana on a vessel bound for Iloilo City and identified him by name. Acting on this tip, police officers waited for Aminnudin to disembark from the vessel and approached him after the informer pointed to him. Issue: WoN Aminnudin was arrested and searched without warrant, making the marijuana allegedly found in his possession inadmissible in evidence against him. Held: In the case at bar, there was no warrant of arrest or search warrant issued by a judge after personal determin...

    Unreasonable Search and Seizures  | Constitutional Law Facts: On July 2, 1991, the petitioner Rolito Go entered a one-way street in the opposite direction and nearly bumped into Eldon Maguan's car. The petitioner then got out of his car, shot Maguan inside his car, and fled the scene. A security guard recorded the petitioner's car plate number, and the police found an empty shell and a live round of ammunition at the scene. The police launched a manhunt for petitioner. On July 8, petitioner presented himself before the San Juan Police Station accompanied by two lawyers. He was detained after an eyewitness positively identified him as the gunman who shot Eldon Maguan. The police filed a complaint for frustrated homicide against him that same day. The prosecutor informed petitioner that he had the right to a preliminary investigation but must first sign a waiver of the provisions of Article 125 of the Revised Penal Code, which he refused to do so. On 9 July, Eldon ...

    Unreasonable Search and Seizures  | Constitutional Law Facts: The petitioners, foreign corporations represented by the Motion Picture Association of America, had filed a complaint with the National Bureau of Investigation (NBI) against certain video establishments for violating Presidential Decree No. 49. FGT Video Network, Inc., a licensed distributor, was among those under discreet surveillance operations. NBI and private agents conducted a test buy operation using the copyrighted motion pictures of Twentieth Century Fox Film Corp., Paramount Pictures, Inc., and MGM. Thereafter, a search warrant was issued, leading to the seizure of television sets, video cassette recorders, rewinders, tape head cleaners, accessories, equipment, and other paraphernalia or pieces of machinery. FGT filed a motion for the immediate release of equipment and accessories "not covered" by the search warrant. Petitioners opposed the motion, but the lower court granted FGT's motion and order...

   Unreasonable Search and Seizures  | Constitutional Law Facts: In 1994, a murder complaint was filed against the petitioners and six other people regarding the death of a former COMELEC Registrar. The Provincial Prosecutor dismissed the charges of murder against the petitioners and five other respondents but recommended the filing of an information for murder against one respondent, Kasan Mama. The judge ordered that the case be returned to the Provincial Prosecutor for further investigation, and 2nd Assistant Prosecutor Enok T. Dimaraw found a prima facie case for murder against petitioners and three other respondents. An information for murder was filed against the petitioners and three others, and a warrant for their arrest was issued by the respondent judge. Issue: WoN the warrant of arrest issued by respondent judge by virtue of the said information is legal. Held: A judge fails in this constitutionally mandated duty if he relies merely on the certification or...

  Unreasonable Search and Seizures  | Constitutional Law Facts: Luis Beltran and Maximo Soliven of Philippine Star were sued for libel by then President Corazon Aquino over an article that alleged she "hid under the bed" during a coup attempt. Judge Ramon Makasiar issued a warrant of arrest against them. The addition of the word "personally" after the word "determined" and the deletion of the grant of authority by the 1973 Constitution to issue warrants to "other responsible officers as may be authorized by law," has apparently convinced petitioner Beltran that the Constitution now requires the judge to personally examine the complainant and his witnesses in his determination of probable cause for the issuance of warrants of arrest.  Issue: WoN the constitutional rights of Beltran were violated when respondent RTC judge issued a warrant for his arrest without personally examining the complainant and the witnesses, if any, to determine probable ca...

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, ...