Case Digests - page 28

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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FACTS: Respondent judge issued a search warrant against petitioner after an information was filed accusing the latter under Presidential Decree 810, as amended by Presidential Decree 1306. During the hearing of the case, petitioner discovered that the search warrant and other pertinent papers connected to the issuance of the same were not attached to the records. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. Section 4 of Rule 126 which provides that the judge must before issuing the warrant personally examine on oath or affirmation the complainant and any witnesses he may produce and take their depositions…

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FACTS: Pursuant to the filing of an “Application for Search Warrant” and “Deposition of Witness,” respondent judge issued a search warrant directing police officers to search the room of petitioners’ son for violation of the Dangerous Drugs Act, as amended. In the course of the search, the serving officers also seized money belonging to petitioner Antonieta. ISSUE(S): Whether or not the search warrant was valid. HELD: NO. The judge must, before issuing a search warrant, determine whether there is probable cause by examining the complainant and witnesses through searching questions and answers. Respondent judge failed to comply with the legal…

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FACTS: Respondent judge issued against a certain Joel Gamo and complainant’s son a search warrant which resulted in the seizure of a home-made gun, a hand grenade, five live ammunitions for caliber 38 and three live ammunitions for 12-gauge shotgun. Because the firearms and ammunition had been found in the house owned by complainant and his son, respondent judge concluded there was probable cause to include the two in the information for illegal possession of firearms and ammunition and accordingly ordered their arrest. ISSUE(S): Whether or not the issuance of the warrant of arrest was proper. HELD: NO. It was…

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