September 2017 - page 9

FACTS: Appellant’s house was searched on the strength of a warrant issued to internal revenue agents and seized from therein fraudulent books, invoices and records. ISSUE(S): Whether or not the search warrant was illegal and void for failure to particularly describe the things to be seized. HELD: NO. While the place to be searched and the property to be seized under a search warrant must be particularly described in the warrant, yet the description is required to be specific only in so far as the conditions will ordinarily allow. By the nature of the goods to be seized, their description…

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FACTS: Petitioners applied for a search warrant with the Regional Trial Court of Pasig against private respondents for violation of the Protection of Intellectual Property law. Upon the offer of pieces of evidence, a search warrant was issued. ISSUE(S): Whether or not there are requirements to the issuance of a valid search warrant. HELD: YES. In issuing a search warrant, the judge must strictly comply with the constitutional and statutory requirements. He must determine the existence of probable cause by personally examining the applicant and his witnesses in the form of searching questions. The search warrant must contain a specific…

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FACTS: Petitioner is a delegate of the First District of Leyte to the 1971 Constitutional Convention. He delivered a privileged speech at the plenary session and disclosed that certain persons are bribing some delegates. He eventually released from his hospital bed a sworn statement the names of the persons who gave him the money, implicating the First Lady among others. On the basis of a search warrant, agents of the respondent National Bureau of Investigation raided petitioner’s house and a criminal complaint for direct bribery was filed against him. ISSUE(S): Whether or not the search warrant issued was valid. HELD:…

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FACTS: The Presidential Commission on Good Governance (PCGG) issued separate orders against private respondents Sipalay Trading Corporation and Allied Banking Corporation to effect their sequestration. PCGG also issued a “Search and Seizure Order” against Allied Banking Corporation. ISSUE(S): Whether or not PCGG may validly issue a search and seizure order. HELD: NO. The PCGG has no authority to issue the order in the first place. Only a “judge” and “such other responsible officer as may be authorized by law” were empowered by the FREEDOM CONSTITUTION to do so, and the PCGG is neither. It is not a judge, as clarified…

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FACTS: Respondent POEA administrator issued a closure and seizure order against petitioner who was charged with illegal recruitment. ISSUE(S): Whether or not the Secretary of Labor may validly issue warrants of arrest and seizure under Article 38 of the Labor Code. HELD: NO. The Secretary of Labor, not being a judge, may no longer issue search or arrest warrants. The power of the President to order the arrest of aliens for deportation is, obviously, exceptional. It (the power to order arrests) can not be made to extend to other cases, like the one at bar. Under the Constitution, it is…

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FACTS: A complaint was filed with the Commission of Immigration and Deportation against petitioner alleging that the French national is an undesirable alien for “committing acts inimical to public safety and progress.” Respondent CID commissioner issued a warrant of arrest against petitioner after the latter twice refused to go to the CID headquarters for verification of his status. ISSUE(S): Whether or not the warrant of arrest issued and petitioner’s subsequent arrest were valid and legal. HELD: NO. Petitioner was “invited” by a combined team of CID agents and police officers at his apartment unit on the strength of a mission…

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FACTS: Petitioners Andrew Harvey, John Sherman and Adriaa van den Elshout were among the twenty-two suspected alien pedophiles who were apprehended after three months of close surveillance by Commission on Immigration and Deportation agents. Seized during petitioners’ apprehension were rolls of photo negatives and photos of the suspected child prostitutes shown in salacious poses as well as boys and girls engaged in the sex act. There were also posters and other literature advertising the child prostitutes. ISSUE(S): Whether or not respondent Immigration Commissioner violated petitioners’ constitutional right against unreasonable searches and seizures. HELD: NO. The arrest of petitioners was based…

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FACTS: The then Secretary of Justice issued a memorandum directing the Board of Commissioners to review all cases where entry was allowed on the ground that the entrant was a Philippine citizen, including that of respondents Gatchalian. Petitioner Board reversed the decision of the Board of Special Inquiry admitting respondents Gatchalian as Filipino citizens. Petitioner Commissioner of Immigration issued a mission order commanding the arrest of respondent William Gatchalian. ISSUE(S): Whether or not the warrant of arrest issued by Commissioner of Immigration was valid. HELD: NO. A warrant of arrest issued by the Commissioner of Immigration, to be valid, must…

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FACTS: A Chinese citizen and her son were permitted into the Philippines under a temporary visitor’s visa for two (2) months, but managed to stay in the country for thirty (30) years after obtaining several extensions. The Commissioner of Immigration ordered them to leave the country with a warning that upon their failure to comply, a warrant of arrest will be issued against them. ISSUE(S): Whether or not the Commissioner of Immigration may validly issue warrants of arrest. HELD: YES. The constitutional limitation contemplates an order of arrest in the exercise of judicial power as a step preliminary or incidental…

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FACTS: A complaint for libel was filed against petitioner. Finding “sufficient legal and factual basis,” an information for libel was filed against petitioner. The Justice Secretary reversed the investigating prosecutor, directing the latter to withdraw the information. In obedience to the directive, a Motion to Withdraw Information was filed which the trial judge denied. ISSUE(S): Whether or not it is the prosecutor who determines the existence of probable cause during preliminary investigations. HELD: YES. The determination of probable cause during a preliminary investigation is judicially recognized as an executive function and is made by the prosecutor. The primary objective of…

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