People v de Gracia; G.R. Nos. 102009-10; 06 Jul 1994; 233 SCRA 716

in Legal Chyme by

A team from the NCR Defense Command conducted a surveillance on a Eurocar building pursuant to an intelligence report that elements of the RAM-SFP was occupying the said establishment as their communication command post. After they were fired at by a group of five men, a searching team raided the Eurocar Sales Office, finding and confiscating ammunition, dynamites, M-shells and “Molotov” bombs inside one of the rooms and arresting appellant who was holding a C-4.

Whether or not there was a valid search and seizure.

YES. The military operatives had reasonable ground to believe that a crime was being committed. There was consequently more than sufficient probable cause to warrant their action. Under the situation then prevailing, the raiding team had no opportunity to apply for and secure a search warrant from the courts.

Impugned judgment of the trial court is AFFIRMED, but the recommended executive clemency is DELETED.

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