Title
Nolasco vs. Pano
Case
G.R. No. L-69803
Decision Date
Jan 30, 1987
Search warrant annulled; warrantless search of dwelling deemed illegal; seized items ordered returned; evidence excluded under constitutional protections.

Case Digest (G.R. No. L-69803)
Expanded Legal Reasoning Model

Facts:

  • Parties
  • Petitioners
    • Cynthia D. Nolasco
    • Mila Aguilar-Roque
    • Willie C. Tolentino
  • Respondents
    • Hon. Ernani Cruz Pano, Executive Judge, RTC, Quezon City
    • Hon. Antonio P. Santos, Presiding Judge, MTC, Quezon City
    • Hon. Sergio F. Apostol, City Fiscal, Quezon City
    • Hon. Juan Ponce Enrile, Lt. Gen. Fidel Ramos, Col. Jesus Altuna
  • Procedural History
  • On August 6, 1984, Search Warrant No. 80-84 was issued by Judge Pano for “subversive documents,” leading to the seizure of books, papers and personal effects from the petitioners’ premises.
  • On October 8, 1985, this Court’s Decision:
    • Annulled and set aside Search Warrant No. 80-84 as void.
    • Made permanent the Temporary Restraining Order enjoining respondents from introducing the seized evidence in the Subversive Documents Case.
    • Permitted the Constabulary Security Group to retain the seized items for possible use in Criminal Case No. SMC-1-1 before Special Military Commission No. 1, subject to objections on relevance.
  • Public respondents filed a Motion for Partial Reconsideration arguing the warrant’s validity and the special nature of rebellion offenses that complicates particularization of documents.
  • Petitioners filed a Motion for Partial Reconsideration contending that the warrantless search of petitioner Aguilar-Roque’s home could not be justified as incident to her arrest, which they asserted was unlawful.
  • On April 10, 1986, this Court required parties to file supplemental pleadings in light of supervening events (new administration).
  • In their compliance:
    • Petitioners maintained both the arrest and the search were illegal and sought return of all seized items.
    • The Solicitor General, on behalf of public respondents, withdrew objections to declaring the search illegal and returning the items but would not concede the illegality of the arrests.
  • On January 30, 1987, this Court promulgated the challenged Resolution granting petitioners’ motion in part and ordering the return of seized personalties.

Issues:

  • Whether Search Warrant No. 80-84 complied with constitutional requirements against unreasonable searches and seizures.
  • Whether the warrantless search of petitioner Aguilar-Roque’s dwelling was valid as an incident to her arrest.
  • Whether the articles seized under the void warrant are admissible or must be returned to petitioners.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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