6. Nolasco v.
Cruz-Pano Rebellion
Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-69803 October 8, 1985
CYNTHIA D. NOLASCO, MILA AGUILAR-ROQUE and WILLIE C.
TOLENTINO, petitioners,
vs.
HON. ERNANI CRUZ PAO, Executive Judge, Regional Trial
Court of Quezon City; HON. ANTONIO P. SANTOS, Presiding
Judge, Branch XLII, Metropolitan Trial Court of Quezon City:
HON. SERGIO F. APOSTOL, City Fiscal, Quezon City; HON.
JUAN PONCE ENRILE, LT. GEN. FIDEL RAMOS and COL.
JESUS ALTUNA, respondents.
Facts:
AGUILAR-ROQUE was one of the accused of Rebellion in
Criminal Case No.
MC-25-113 of Military Commission No. 25, both cases being
entitled "People of the Philippines vs. Jose Ma. Sison, et al."
She was then still at large
- Lt. Col. Virgilio G. Saldajeno of the CSG, applied for a
Search Warrant from respondent Hon. Ernani Cruz Pao,
Executive Judge of the Regional Trial Court in Quezon City,
to be served at No. 239-B Mayon Street, Quezon City,
determined tyo be the leased residence of AGUILARROQUE, after almost a month of "round the clock
surveillance" of the premises as a "suspected underground
house of the CPP/NPA." AGUILAR-ROQUE has been long
wanted by the military for being a high ranking officer of the
Communist Party of the Philippines, particularly connected
with the MV Karagatan/Doa Andrea cases.
- elements of the CSG searched the premises at 239-B
Mayon Street, Quezon City. The stated time is an allegation
of petitioners, not specifically denied by respondents.
The searching party seized 428 documents and written
materials, 2 and additionally a portable typewriter, and 2
wooden boxes, making 431 items in all.
petitioners filed a Motion to Suppress in the SUBVERSIVE
DOCUMENTS CASE, praying that such of the 431 items
belonging to them be returned to them. It was claimed that
the proceedings under the Search Warrant were unlawful.
Judge Santos denied the Motion on January 7, 1985 on the
ground that the validity of the Search Warrant has to be
litigated in the SEARCH WARRANT CASE. He was
apparently not aware of the Order of Judge Pao of
December 13th issued in the SEARCH WARRANT CASE.
Issue:
Was the search and seizure valid in line with lawful arrest?
Ruling: no, it was invalid.
Ratio:
- There is absent a definite guideline to the searching team as
to what items might be lawfully seized thus giving the
officers of the law discretion regarding what articles they
should seize as, in fact, taken also were a portable
typewriter and 2 wooden boxes. It is thus in the nature of a
general warrant and infringes on the constitutional mandate
requiring particular description of the things to be seized. In
the recent rulings of this Court, search warrants of similar
description were considered null and void for being too
general.
- The lack of particularization is also evident in the
examination of the witness presented by the applicant for
Search Warrant
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6. Nolasco v. Cruz-Pano Rebellion
Considering that AGUILAR-ROQUE has been charged with
Rebellion, which is a crime against public order; that the warrant for
her arrest has not been served for a considerable period of time;
that she was arrested within the general vicinity of her dwelling; and
that the search of her dwelling was made within a half hour of her
arrest, we are of the opinion that in her respect, the search at No.
239-B Mayon Street, Quezon City, did not need a search warrant;
this, for possible effective results in the interest of public order.
Such being the case, the personalities seized may be retained. by
CSG, for possible introduction as evidence in the Rebellion Case,
leaving it to AGUILAR-ROQUE to object to their relevance and to
ask Special Military Commission No.1 to return to her any and all
irrelevant documents and articles.
WHEREFORE, while Search Warrant No. 80-84 issued on August
6, 1984 by respondent Executive Judge Ernani Cruz Pao is hereby
annulled and set aside, and the Temporary Restraining Order
enjoining respondent from introducing evidence obtained pursuant
to the Search Warrant in the Subversive Documents case hereby
made permanent, the, personalities seized may be retained by the
Constabulary Security Group for possible introduction as evidence
in Criminal Case No. SMC-1-1, pending before Special Military
commission No. 1, without prejudice to petitioner Mila AguilarRoque objecting to their relevance and asking said Commission to
return to her any and all irrelevant documents and articles.
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