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. 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…