Republic (PCGG) v Sandiganbayan; G.R. Nos. 112708-09; 29 Mar 1996; 255 SCRA 438

in Legal Chyme by

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.

Whether or not PCGG may validly issue a search and seizure order.

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 by the Court in “Baseco,” and the PCGG cannot be considered as “such other responsible officer as may be authorized by law” because Executive Order No. 1 did not expressly nor impliedly grant the PCGG the power to issue search warrants/orders.

Petition is DISMISSED.

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