Documente Academic
Documente Profesional
Documente Cultură
81510; 14
MAR 1990]
Wednesday, February 04, 2009 Posted by Coffeeholic Writes
Labels: Case Digests, Political Law
Facts:
Issue:
Whether
or
Not
the Philippine
Overseas
Employment
Held:
it
must
identify
specifically
the
things
to
be
seized.
WHEREFORE, the petition is GRANTED. Article 38, paragraph (c) of the Labor
Code is declared UNCONSTITUTIONAL and null and void. The respondents
are ORDERED to return all materials seized as a result of the implementation
of Search and Seizure Order No. 1205.
Facts:
Metrodiscom assigned with the Intelligence Task Force, Pat. Ursicio Ungab
and Pat. Umbra Umpar conducted surveillance along Magallanes Street,
Davao City. While in the vicinity of Rizal Memorial Colleges they spotted
petitioner carrying a "buri" bag and they noticed him to be acting
suspiciously. They approached the petitioner and identified themselves as
members of the INP. Petitioner attempted to flee but his attempt to get
away was unsuccessful. They then checked the "buri" bag of the petitioner
where they found one (1) caliber .38 Smith & Wesson revolver with Serial
No. 770196, two (2) rounds of live ammunition for a .38 caliber gun, a
smoke (tear gas) grenade, and two (2) live ammunitions for a .22 caliber
gun.
They
brought
the
petitioner
to
the
police
station
for
further
investigation. In the course of the same, the petitioner was asked to show
the necessary license or authority to possess firearms and ammunitions
found in his possession but he failed to do so. He was then taken to the
Davao Metrodiscom office and the prohibited articles recovered from him
were indorsed to M/Sgt. Didoy the officer then on duty. He was prosecuted
for illegal possession of firearms and ammunitions in the Regional Trial Court
of
Issue:
Davao
Whether
Held: In
or
Not
the
City.
warantless
search
is
valid.
the petitioner, argues that under Section 12, Rule 136 of the Rules of Court
a person lawfully arrested may be searched for dangerous weapons or
anything used as proof of a commission of an offense without a search
warrant. It is further alleged that the arrest without a warrant of the
petitioner
was
lawful
under
the
circumstances.
to
inspect
the
same.
It is too much indeed to require the police officers to search the bag in the
possession of the petitioner only after they shall have obtained a search
warrant for the purpose. Such an exercise may prove to be useless, futile
and
much
too
late.
Clearly, the search in the case at bar can be sustained under the exceptions
heretofore discussed, and hence, the constitutional guarantee against
unreasonable searches and seizures has not been violated.
and subversion" in accordance with Proclamation No. 2054 of President Marcos, despite the lifting of
martial law on January 27, 1981, and in pursuance of such objective, to launch pre- emptive strikes
against alleged communist terrorist underground houses. But this cannot be construed as a blanket
license or a roving commission untramelled by any constitutional restraint, to disregard or transgress
upon the rights and liberties of the individual citizen enshrined in and protected by the Constitution. The
Constitution remains the supreme law of the land to which all officials, high or low, civilian or military, owe
obedience and allegiance at all times.
Article 32 of the Civil Code which renders any public officer or employee or any private individual liable in
damages for violating the Constitutional rights and liberties of another, as enumerated therein, does not
exempt the respondents from responsibility. Only judges are excluded from liability under the said article,
provided their acts or omissions do not constitute a violation of the Penal Code or other penal statute.
We do not agree. We find merit in petitioners' contention that the suspension of the privilege of the writ of
habeas corpus does not destroy petitioners' right and cause of action for damages for illegal arrest and
detention and other violations of their constitutional rights. The suspension does not render valid an
otherwise illegal arrest or detention. What is suspended is merely the right of the individual to seek
release from detention through the writ of habeas corpus as a speedy means of obtaining his liberty.
Firstly, it is wrong to at the plaintiffs' action for damages 5 Section 1, Article 19. to 'acts of alleged physical
violence" which constituted delict or wrong. Article 32 clearly specifies as actionable the act of violating or
in any manner impeding or impairing any of the constitutional rights and liberties enumerated therein,
among others
The complaint in this litigation alleges facts showing with abundant clarity and details, how plaintiffs'
constitutional rights and liberties mentioned in Article 32 of the Civil Code were violated and impaired by
defendants. The complaint speaks of, among others, searches made without search warrants or based
on irregularly issued or substantially defective warrants; seizures and confiscation, without proper
receipts, of cash and personal effects belonging to plaintiffs and other items of property which were not
subversive and illegal nor covered by the search warrants; arrest and detention of plaintiffs without
warrant or under irregular, improper and illegal circumstances; detention of plaintiffs at several
undisclosed places of 'safehouses" where they were kept incommunicado and subjected to physical and
psychological torture and other inhuman, degrading and brutal treatment for the purpose of extracting
incriminatory statements. The complaint contains a detailed recital of abuses perpetrated upon the
plaintiffs violative of their constitutional rights.
Secondly, neither can it be said that only those shown to have participated "directly" should be held liable.
Article 32 of the Civil Code encompasses within the ambit of its provisions those directly, as well as
indirectly, responsible for its violation.
The responsibility of the defendants, whether direct or indirect, is amply set forth in the complaint. It is well
established in our law and jurisprudence that a motion to dismiss on the ground that the complaint states
6
no cause of action must be based on what appears on the face of the complaint. To determine the
sufficiency of the cause of action, only the facts alleged in the complaint, and no others, should be
7
considered. For this purpose, the motion to dismiss must hypothetically admit the truth of the facts
8
alleged in the complaint.
HELD:
The right of the person to be secure against any unreasonable seizure of his body and any deprivation
of liberty is a most basic and fundamental one. The statute or rule, which allows exceptions to
the requirement of warrants of arrest is strictly construed. Any exception must clearly fall within
the situations when securing a warrant would be absurd or is manifestly unnecessary as
provided by the Rule. We cannot liberally construe the rule on arrests without warrant or
extend its application
beyond the cases specifically provided by law. To do so would infringe upon personal liberty
and set back a basic right so often violated and so deserving of full protection.
Facts: The
target zoning" that were conducted in their place (Tondo Manila) were
unconstitutional. They alleged that there is no specific target house to be
search and that there is no search warrant or warrant of arrest served. Most
of the policemen are in their civilian clothes and without nameplates or
identification cards. The residents were rudely rouse from their sleep by
banging on the walls and windows of their houses. The residents were at the
point of high-powered guns and herded like cows. Men were ordered to strip
down to their briefs for the police to examine their tattoo marks. The
residents complained that they're homes were ransacked, tossing their
belongings and destroying their valuables. Some of their money and
valuables had disappeared after the operation. The residents also reported
incidents of maulings, spot-beatings and maltreatment. Those who were
detained also suffered mental and physical torture to extract confessions and
tactical informations. The respondents said that such accusations were all
lies. Respondents contends that the Constitution grants to government the
power to seek and cripple subversive movements for the maintenance of
peace in the state. The aerial target zoning were intended to flush out
subversives and criminal elements coddled by the communities were the
said drives were conducted. They said that they have intelligently and
carefully planned months ahead for the actual operation and that local and
foreign media joined the operation to witness and record such event.
Issue: Whether
violation
of
human
rights.
Held: It is not the police action per se which should be prohibited rather it
is the procedure used or the methods which "offend even hardened
sensibilities" .Based on the facts stated by the parties, it appears to have
been no impediment to securing search warrants or warrants of arrest
before any houses were searched or individuals roused from sleep were
arrested. There is no showing that the objectives sought to be attained by
the "aerial zoning" could not be achieved even as th rights of the squatters
and low income families are fully protected. However, the remedy should not
be brought by a tazpaer suit where not one victim complaints and not one
violator is properly charged. In the circumstances of this taxpayers' suit,
there is no erring soldier or policeman whom the court can order prosecuted.
In
the
absence
of
clear
facts
no
permanent
relief
can
be
given.
In the meantime where there is showing that some abuses were committed,
the court temporary restraint the alleged violations which are shocking to
the senses. Petition is remanded to the RTC of Manila.