Agustin vs. CA
Facts: In their complaint, respondents alleged that Arnel courted Fe in 1992, after which they entered into an intimate relationship. Arnel supposedly impregnated Fe on her 34th birthday on November 10, 1999. Despite Arnel’s insistence on abortion, Fe decided otherwise and gave birth to their child out of wedlock, Martin, on August 11, 2000 at the Capitol Medical Hospital in Quezon City. The baby’s birth certificate was purportedly signed by Arnel as the father. Arnel shouldered the pre-natal and hospital expenses but later refused Fe’s repeated requests for Martin’s support despite his adequate financial capacity and even suggested to have the child committed for adoption. Arnel also denied having fathered the child.
On January 19, 2001, while Fe was carrying five-month old Martin at the Capitol Hills Golf and Country Club parking lot, Arnel sped off in his van, with the open car door hitting Fe’s leg. This incident was reported to the police. In July 2001, Fe was diagnosed with leukemia and has, since then, been undergoing chemotherapy. On March 5, 2002, Fe and Martin sued Arnel for support.[6]
Issue: I s Dna a form of unreasonable search?
Ruling: No, In Ople v. Torres,[36] where we struck down the proposed national computerized identification system embodied in Administrative Order No. 308, we said:
In no uncertain terms, we also underscore that the right to privacy does not bar all incursions into individual privacy. The right is not intended to stifle scientific and technological advancements that enhance public service and the common good... Intrusions into the right must be accompanied by proper safeguards that enhance public service and the common good.
Significantly, we upheld the constitutionality of compulsory DNA testing and the admissibility of the results thereof as evidence. In that case, DNA samples from semen recovered from a rape victim’s vagina were used to positively identify the accused Joel “Kawit” Yatar as the rapist. Yatar claimed that the compulsory extraction of his blood sample for DNA testing, as well as the testing itself, violated his right against self-incrimination, as embodied in both Sections 12 and 17 of Article III of the Constitution.
People vs. De los reyes
Facts: The respondent filed a motion to quash the informations on the following grounds: (a) as shown by their testimony before the trial court, applicant Nuguid and his witness Tan had no personal knowledge of the factual allegations in their affidavits which were appended to the application for a search warrant; (b) the factual allegations contained in the said affidavits and their testimonies do not support a finding of probable cause for violation of Rep. Act No. 6425, as amended; and (c) Nuguid and Tan did not personally know the respondent as well as the latter’s house because first, Tan identified the illicit drug seller as Cesar Reyes alias "Cesar Itlog" while the respondent’s name is Cesar delos Reyes; and, second, the said witnesses described the house as consisting of a two-storey structure with one bedroom located at Oroquieta Street, Sta. Cruz, Manila.
On August 11, 1998, the trial court issued an Order denying the respondent’s motion. The court also denied his motion for reconsideration of said order
Issue: What are searching questions? Did the judge satisfy the constitutional requirement?
Ruling: A searching question is issued before a search warrant and done by a judge, in form of writing or oath, to examine the complainant and his witnesses he may produce, on facts personally known to them.
No, The Judge allowed and even egged on Nuguid to examine Tan and elicit facts and circumstances from her relating to the alleged purchase of shabu from the respondent. What is so worrisome is that Nuguid, besides being the applicant, was the same police officer who asked Tan to buy shabu from the respondent and the one who, along with other officers, arrested the respondent. That Nuguid propounded comparatively fewer questions on Tan is beside the point. By allowing Nuguid himself to examine Tan, the Judge thereby compromised her impartiality.
Thus, in issuing a search warrant, the Judge must strictly comply with the requirements of the Constitution and the statutory provisions. A liberal construction should be given in favor of the individual to prevent stealthy encroachment upon, or gradual depreciation of the rights secured by the Constitution. No presumption of regularity is to be invoked in aid of the process when an officer undertakes to justify it.
Salvador vs. People
Facts: At bar is the petition for review on certiorari[1] filed by Tomas Salvador assailing the Decision[2] dated August 9, 2000 and Resolution dated January 9, 2001 of the Court of Appeals in CA-G. R. CR No. 20186.
On the wee hours of June 4, 1994, Aurelio Mandin, Danilo Santos and petitioner Tomas Salvador, then aircraft mechanics employed by the Philippine Air Lines (PAL) and assigned at the Ninoy Aquino International Airport (NAIA) and Manila Domestic Airport, were nabbed by intelligence operatives of the Philippine Air Force (PAF) for possessing thirteen (13) packets containing assorted smuggled watches and jewelries valued at more than half a million pesos.
Consequently, they were charged before the Regional Trial Court (RTC), Branch 117, Pasay City with violation of Section 3601 of the Tariff and Customs Code, docketed as Criminal Case No. 94-5843. The Information reads:
"That on or about the 4th day of June 1994 at the NAIA/Domestic Airport vicinity, Pasay City and within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and mutually helping one another, did then and there, willfully, unlawfully, and felonious assist in the concealment and unlawful importation of several items
Issue: What are allowable warrantless searches and seizures? Are PAF operatives allowed to search without warrant in the vicinity of the airport?
Ruling: allowable warrantless search and seizure are those conducted pursuant to a valid search warrant issued in compliance with the procedure mandated by the Constitution and the Rules of Court
Yes, Here, it should be noted that during the incident in question, the special mission of the PAF operatives was to conduct a surveillance operation to verify reports of drug trafficking and smuggling by certain PAL personnel in the vicinity of the airport. In other words, the search made by the PAF team on petitioner and his co-accused was in the nature of a customs search. As such, the team properly effected the search and seizure without a search warrant since it exercised police authority under the customs law.
People vs. Gaddao
Facts: On December 5, 1995, at 6:00 in the morning, the CI went to the PNP Headquarters at EDSA, Kamuning, Quezon City to prepare for the buy-bust operation. The Narcom agents formed Team Alpha composed of P/Insp. Nolasco Cortes as team leader and PO3 Celso Manlangit, SPO1 Edmund Badua and four (4) other policemen as members. P/Insp. Cortes designated P03 Manlangit as the poseur-buyer and SPO1 Badua as his back-up, and the rest of the team as perimeter security. Superintendent Pedro Alcantara, Chief of the North Metropolitan District PNP Narcom, gave the team P2, 000. 00 to cover operational expenses. From this sum, PO3 Manlangit set aside P1,600.00 — a one thousand peso bill and six (6) one hundred peso bills 3 — as money for the buy-bust operation. The market price of one kilo of marijuana was then P1,600.00. P03 Manlangit marked the bills with his initials and listed their serial numbers in the police blotter. 4 The team rode in two cars and headed for the target area.
Issue: On what grounds must be based personal knowledge of facts in arrest without warrant?
Ruling: while the law enforcers may not actually witness the execution of acts constituting the offense, they must have direct knowledge or view of the crime right after its commission. They should know for a fact that a crime was committed. AND they must also perceive acts exhibited by the person to be arrested, indicating that he perpetrated the crime. Again, mere intelligence information that the suspect committed the crime will not suffice. The arresting officers themselves must have personal knowledge of facts showing that the suspect performed the criminal act. Personal knowledge means actual belief or reasonable grounds of suspicion, based on actual facts, that the person to be arrested is probably guilty of committing the crime
The Court held that there was no personal knowledge on the part of the arresting officers, since the information came in its entirety from Masamlok, a civilian. We pointed out that at the time of his arrest, appellant was not in actual possession of any firearm or subversive document; neither was he committing a subversive act. 14 His warrantless arrest, therefore, could not be allowed under any of the instances in Rule 113, Section 6 (now 5) of the Rules of Court.
Facts: In their complaint, respondents alleged that Arnel courted Fe in 1992, after which they entered into an intimate relationship. Arnel supposedly impregnated Fe on her 34th birthday on November 10, 1999. Despite Arnel’s insistence on abortion, Fe decided otherwise and gave birth to their child out of wedlock, Martin, on August 11, 2000 at the Capitol Medical Hospital in Quezon City. The baby’s birth certificate was purportedly signed by Arnel as the father. Arnel shouldered the pre-natal and hospital expenses but later refused Fe’s repeated requests for Martin’s support despite his adequate financial capacity and even suggested to have the child committed for adoption. Arnel also denied having fathered the child.
On January 19, 2001, while Fe was carrying five-month old Martin at the Capitol Hills Golf and Country Club parking lot, Arnel sped off in his van, with the open car door hitting Fe’s leg. This incident was reported to the police. In July 2001, Fe was diagnosed with leukemia and has, since then, been undergoing chemotherapy. On March 5, 2002, Fe and Martin sued Arnel for support.[6]
Issue: I s Dna a form of unreasonable search?
Ruling: No, In Ople v. Torres,[36] where we struck down the proposed national computerized identification system embodied in Administrative Order No. 308, we said:
In no uncertain terms, we also underscore that the right to privacy does not bar all incursions into individual privacy. The right is not intended to stifle scientific and technological advancements that enhance public service and the common good... Intrusions into the right must be accompanied by proper safeguards that enhance public service and the common good.
Significantly, we upheld the constitutionality of compulsory DNA testing and the admissibility of the results thereof as evidence. In that case, DNA samples from semen recovered from a rape victim’s vagina were used to positively identify the accused Joel “Kawit” Yatar as the rapist. Yatar claimed that the compulsory extraction of his blood sample for DNA testing, as well as the testing itself, violated his right against self-incrimination, as embodied in both Sections 12 and 17 of Article III of the Constitution.
People vs. De los reyes
Facts: The respondent filed a motion to quash the informations on the following grounds: (a) as shown by their testimony before the trial court, applicant Nuguid and his witness Tan had no personal knowledge of the factual allegations in their affidavits which were appended to the application for a search warrant; (b) the factual allegations contained in the said affidavits and their testimonies do not support a finding of probable cause for violation of Rep. Act No. 6425, as amended; and (c) Nuguid and Tan did not personally know the respondent as well as the latter’s house because first, Tan identified the illicit drug seller as Cesar Reyes alias "Cesar Itlog" while the respondent’s name is Cesar delos Reyes; and, second, the said witnesses described the house as consisting of a two-storey structure with one bedroom located at Oroquieta Street, Sta. Cruz, Manila.
On August 11, 1998, the trial court issued an Order denying the respondent’s motion. The court also denied his motion for reconsideration of said order
Issue: What are searching questions? Did the judge satisfy the constitutional requirement?
Ruling: A searching question is issued before a search warrant and done by a judge, in form of writing or oath, to examine the complainant and his witnesses he may produce, on facts personally known to them.
No, The Judge allowed and even egged on Nuguid to examine Tan and elicit facts and circumstances from her relating to the alleged purchase of shabu from the respondent. What is so worrisome is that Nuguid, besides being the applicant, was the same police officer who asked Tan to buy shabu from the respondent and the one who, along with other officers, arrested the respondent. That Nuguid propounded comparatively fewer questions on Tan is beside the point. By allowing Nuguid himself to examine Tan, the Judge thereby compromised her impartiality.
Thus, in issuing a search warrant, the Judge must strictly comply with the requirements of the Constitution and the statutory provisions. A liberal construction should be given in favor of the individual to prevent stealthy encroachment upon, or gradual depreciation of the rights secured by the Constitution. No presumption of regularity is to be invoked in aid of the process when an officer undertakes to justify it.
Salvador vs. People
Facts: At bar is the petition for review on certiorari[1] filed by Tomas Salvador assailing the Decision[2] dated August 9, 2000 and Resolution dated January 9, 2001 of the Court of Appeals in CA-G. R. CR No. 20186.
On the wee hours of June 4, 1994, Aurelio Mandin, Danilo Santos and petitioner Tomas Salvador, then aircraft mechanics employed by the Philippine Air Lines (PAL) and assigned at the Ninoy Aquino International Airport (NAIA) and Manila Domestic Airport, were nabbed by intelligence operatives of the Philippine Air Force (PAF) for possessing thirteen (13) packets containing assorted smuggled watches and jewelries valued at more than half a million pesos.
Consequently, they were charged before the Regional Trial Court (RTC), Branch 117, Pasay City with violation of Section 3601 of the Tariff and Customs Code, docketed as Criminal Case No. 94-5843. The Information reads:
"That on or about the 4th day of June 1994 at the NAIA/Domestic Airport vicinity, Pasay City and within the jurisdiction of this Honorable Court, the above-named accused conspiring, confederating and mutually helping one another, did then and there, willfully, unlawfully, and felonious assist in the concealment and unlawful importation of several items
Issue: What are allowable warrantless searches and seizures? Are PAF operatives allowed to search without warrant in the vicinity of the airport?
Ruling: allowable warrantless search and seizure are those conducted pursuant to a valid search warrant issued in compliance with the procedure mandated by the Constitution and the Rules of Court
Yes, Here, it should be noted that during the incident in question, the special mission of the PAF operatives was to conduct a surveillance operation to verify reports of drug trafficking and smuggling by certain PAL personnel in the vicinity of the airport. In other words, the search made by the PAF team on petitioner and his co-accused was in the nature of a customs search. As such, the team properly effected the search and seizure without a search warrant since it exercised police authority under the customs law.
People vs. Gaddao
Facts: On December 5, 1995, at 6:00 in the morning, the CI went to the PNP Headquarters at EDSA, Kamuning, Quezon City to prepare for the buy-bust operation. The Narcom agents formed Team Alpha composed of P/Insp. Nolasco Cortes as team leader and PO3 Celso Manlangit, SPO1 Edmund Badua and four (4) other policemen as members. P/Insp. Cortes designated P03 Manlangit as the poseur-buyer and SPO1 Badua as his back-up, and the rest of the team as perimeter security. Superintendent Pedro Alcantara, Chief of the North Metropolitan District PNP Narcom, gave the team P2, 000. 00 to cover operational expenses. From this sum, PO3 Manlangit set aside P1,600.00 — a one thousand peso bill and six (6) one hundred peso bills 3 — as money for the buy-bust operation. The market price of one kilo of marijuana was then P1,600.00. P03 Manlangit marked the bills with his initials and listed their serial numbers in the police blotter. 4 The team rode in two cars and headed for the target area.
Issue: On what grounds must be based personal knowledge of facts in arrest without warrant?
Ruling: while the law enforcers may not actually witness the execution of acts constituting the offense, they must have direct knowledge or view of the crime right after its commission. They should know for a fact that a crime was committed. AND they must also perceive acts exhibited by the person to be arrested, indicating that he perpetrated the crime. Again, mere intelligence information that the suspect committed the crime will not suffice. The arresting officers themselves must have personal knowledge of facts showing that the suspect performed the criminal act. Personal knowledge means actual belief or reasonable grounds of suspicion, based on actual facts, that the person to be arrested is probably guilty of committing the crime
The Court held that there was no personal knowledge on the part of the arresting officers, since the information came in its entirety from Masamlok, a civilian. We pointed out that at the time of his arrest, appellant was not in actual possession of any firearm or subversive document; neither was he committing a subversive act. 14 His warrantless arrest, therefore, could not be allowed under any of the instances in Rule 113, Section 6 (now 5) of the Rules of Court.
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