Case Digest (G.R. No. L-824)
Facts:
In Hilario Camino Moncado v. Tribunal del Pueblo y Juan M. Ladaw, G.R. No. L-824, decided January 14, 1948 under the 1935 Constitution, petitioner Moncado was charged with treason in Criminal No. 3522 before the Tribunal del Pueblo. On April 4, 1945, at about 6 p.m., members of the U.S. Army’s Counter Intelligence Corps (CIC) arrested him at his residence at No. 199A San Rafael Street, Manila, without any warrant, and interned him at the Bilibid Prison in Muntinglupa. About a week later, CIC officers led by Lieutenant Olves went to Moncado’s second residence at No. 3 Rosario Drive, Quezon City, to search the San Rafael house. Although Moncado’s wife protested the lack of a search warrant, she accompanied them under assurance that they would search anyway. She witnessed trunks and papers scattered and saw CIC seize a bundle of documents purportedly proving her husband’s guilt. No inventory or receipt was given. On June 27, 1946, Moncado filed a motion in the Tribunal del Pueblo sCase Digest (G.R. No. L-824)
Facts:
- Arrest and Seizure
- On April 4, 1945 at about 6 PM, Moncado was arrested without warrant by members of the Counter Intelligence Corps (CIC) of the U.S. Army at his residence at 199A San Rafael St., Manila, and detained at Muntinglupa Prison, Rizal.
- About one week later, CIC officers under Lt. Olves summoned Moncado’s wife, then residing at 3 Rosario Dr., Quezon City, to witness a warrantless search of the San Rafael house; she joined under protest and observed personal and official papers scattered on the floor, whereupon Lt. Olves declared he was seizing documents to prove her husband’s guilt.
- Motions for Return of Documents
- On June 27, 1946, Moncado filed a motion in the People’s Court for the return of the seized documents, arguing they were obtained without a search warrant; the court denied the motion on July 9, 1946, applying the military-occupation doctrine of Alvero v. Dizon (76 Phil. 637).
- On August 10, 1946, Moncado petitioned the Supreme Court for certiorari to (a) annul the July 9 order, (b) compel the return of the documents, and (c) enjoin the Special Prosecutor from using them in Moncado’s treason trial, asserting violation of constitutional guarantees and lack of an adequate ordinary remedy.
Issues:
- Whether the Alvero v. Dizon doctrine, which applied during U.S. military occupation, governs the seizure of documents made after restoration of the Commonwealth on February 27, 1945.
- Whether documents seized without a judicially issued warrant are inadmissible and must be returned.
- Whether admitting evidence obtained in violation of the constitutional right against unreasonable searches and seizures infringes due process and other guaranteed rights.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)