Constitutional Law 2 - page 12

FACTS: On the strength of the challenged search warrant, petitioner’s house was searched but none of the articles listed in the warrant was discovered. However, the searching officers found in the premises one Colt Magnum revolver and eighteen live bullets which were all confiscated and were made the bases of the charge against him. ISSUE(S): Whether or not the prohibited articles seized are admissible in evidence and must be immediately returned. HELD: NO. The search being illegal, the pistol and bullets cannot be used as evidence against the petitioner in the criminal action against him for illegal possession of firearms.…

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FACTS: Appellants were arrested without warrants after eyewitnesses implicated them as the perpetrators in a robbery with homicide incident. Trial on the merits ensued and they were convicted on the special complex crime on the weight of the eyewitnesses’ testimonies. ISSUE(S): Whether or not the illegality of their arrest rendered the eyewitnesses’ testimony inadmissible. HELD: NO. Granting arguendo that appellants were illegally arrested, such arrest did not invest these eyewitness accounts with constitutional infirmity as “fruits of the poisonous tree.” Considering that their conviction could be secured on the strength of the testimonial evidence given in open court which are…

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FACTS: During their trial for the special complex crime of robbery with homicide, appellants interposed the defenses of alibi and denial. They were subsequently found guilty. ISSUE(S): Whether or not they may still question the admissibility of the evidence against them in their appeal. HELD: NO. Their objection is too late. The records show that they failed to object to the admissibility of said evidence during their formal offer. Thus, they waived their right against their admissibility. Amidst a waiver, the trial court did not err in admitting the evidence. Decision appealed from is AFFIRMED in toto.

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FACTS: Petitioner was tried for and convicted of illegal possession of marijuana. The Court of Appeals admitted in evidence the marijuana seized from him and affirmed his conviction. ISSUE(S): Whether or not petitioner may object to the admissibility of the evidence against him during this appeal. HELD: NO. Objections to the legality of the search warrant and to the admissibility of the evidence obtained thereby were deemed waived when no objection to the legality of the search warrant was raised during the trial of the case nor to the admissibility of the evidence obtained through said warrant. Decision appealed from…

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FACTS: 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. ISSUE(S): Whether or not there was a valid search and seizure. HELD: YES. The military operatives had reasonable ground to believe that a crime…

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FACTS: The military and police conducted a series of saturation drives or areal target zoning intended to flush out subversives and criminal elements. Petitioners alleged that these activities were conducted without any search warrant or warrant of arrest. ISSUE(S): Whether or not the saturation drives are illegal. HELD: NO. The Constitution grants to Government the power to seek and cripple subversive movements which would bring down constituted authority and substitute a regime where individual liberties are suppressed as a matter of policy in the name of security of the State. However, all police actions are governed by the limitations of…

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FACTS: A politician was shot to death shortly after disembarking at the airport. Witnesses said that one of the gunmen fled on a motorcycle. On the same day, petitioner’s house was searched with his consent of the killers but the search proved fruitless. Two days later, members of the Philippine Constabulary seized sans a search warrant petitioner’s motorcycle and impounded the same on the suspicion that it was one of the vehicles used by the killers. ISSUE(S): Whether or not the warrantless search and seizure of the motorcycle was lawful. HELD: NO. The warrantless seizure of the motorcycle was unquestionably…

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FACTS: Acting on an information that a huge stockpile of narra flitches, shorts, and slabs were seen inside petitioner’s lumberyard, a team of foresters and policeman was organized and sent to conduct surveillance. In the course thereof, the team members saw coming out from the lumberyard the petitioner’s truck loaded with lumber. The driver could not produce the required invoices and transport documents, the team seized the truck together with its cargo and impounded them. ISSUE(S): Whether or not the seizure of the truck and its cargo without warrant was unlawful. HELD: NO. Search of a moving vehicle is one…

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FACTS: Upon receipt of an information that appellant was going to transport a bag filled with marijuana, a surveillance team was formed to monitor her movements. In the course of such surveillance, she was apprehended inside a bus and a bag containing bundles of marijuana flowering tops were confiscated. ISSUE(S): Whether or not the search done inside the bus and the consequent seizure of the marijuana flowering tops were illegal for the absence of a valid warrant. HELD: NO. The circumstances of the case clearly show that the search in question was made as regards a moving vehicle. Therefore, a…

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FACTS: Acting upon a reliable information that a certain shipment of personal effects, allegedly misdeclared and undervalued, would be released the following day from the customs zone of the port and loaded on two trucks, police officers intercepted and seized said trucks. ISSUE(S): Whether or not a police officer could seize imported goods without a search warrant. HELD: YES. Except in the case of the search of a dwelling house, persons exercising police authority under the customs law may effect search and seizure without a search warrant in the enforcement of customs laws. Writ of certiorari and prohibition prayed for…

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