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

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.

RULING:
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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Category: Legal Chyme

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