G.R. No. 80806 - Pita vs. Court of Appeals

Seizure and destruction of materials
On December 1 and 3, 1983, as part of Manila’s Anti-Smut Campaign initiated by Mayor Ramon D. Bagatsing, elements of the Special Anti-Narcotics Group, Auxiliary Services Bureau, Western Police District, Metropolitan Police Force of Manila seized and publicly burned magazines and reading materials deemed obscene, pornographic, and indecent along C.M. Recto Avenue, Manila.
Among the seized publications was Pinoy Playboy magazine, published and co-edited by petitioner Leo Pita.

Judicial proceedings
On December 7, 1983, Leo Pita filed a petition for a writ of preliminary injunction with prayer for a temporary restraining order against Mayor Bagatsing and Superintendent Narciso Cabrera to enjoin further seizure or destruction of his magazines, invoking constitutional guarantees of freedom of speech and press, protection against unreasonable searches and seizures, and due process.
The trial court issued a temporary restraining order on December 14, 1983, which lapsed on January 3, 1984; petitioner moved for a second TRO and presented memoranda and evidence on obscenity.
On February 3, 1984, the Regional Trial Court denied the writ of preliminary injunction and dismissed the case for lack of merit.
The Court of Appeals affirmed, holding that police officers could seize and destroy allegedly obscene materials without a warrant and that no full hearing on the injunction was required.

Whether police officers may, without a judicial warrant or court order, seize and destroy magazines solely on their own determination of obscenity.
Whether the trial court erred in dismissing the petition for a preliminary injunction without a full merits hearing.
Whether the warrantless seizure and destruction violated the Constitution’s guarantees against unreasonable searches and seizures and the due process clause.