Case Digest (G.R. No. 95630)
Facts:
Spouses Leopoldo and Ma. Luisa Veroy, G.R. No. 95630, June 18, 1992, the Supreme Court En Banc, Paras, J., writing for the Court. Petitioners sued Hon. William L. Layague, Presiding Judge, Branch XIV, Regional Trial Court, Davao City, and Brig. Gen. Pantaleon Dumlao, Commanding General, PC‑Criminal Investigation Service (PC‑CIS), as respondents.The Veroys owned a residence at No. 13 Isidro St., Skyline Village, Catalunan Grande, Davao City but had moved in 1988 to Quezon City for petitioner Leopoldo’s SSS appointment; caretakers and a housekeeper maintained the Davao house and only the kitchen key was entrusted to the housekeeper. On April 12–13, 1990, PC/INP officers acting on information that the Davao residence was a rebel safehouse entered the yard, contacted Ma. Luisa Veroy by telephone and obtained her permission to search the house but, as she conditioned her consent, the search was to be conducted in the presence of Major Macasaet. Using a key and a locksmith to open a padlocked children’s room, officers searched and seized a .45 caliber handgun with ammunition, folders and printed RAM‑SFP materials, clothing and assorted items. An inventory was made and the items were turned over to police custody.
The case was referred for preliminary investigation to Assistant Prosecutor Rodolfo Ponferrada (Acting Provincial Prosecutor for Davao). On August 6, 1990 he recommended filing charges under Presidential Decree No. 1866 (illegal possession of firearms and ammunitions in furtherance of rebellion); an Information was filed on August 8, 1990 in RTC Davao City (Crim. Case No. 20595‑90). Petitioners filed a Motion for Bail (received August 13) which the trial court denied as premature on August 17; petitioners voluntarily sought surrender to PC‑CIS but were not received for lack of copies of the warrants. They were admitted to St. Luke’s Hospital on August 15, 1990 and placed under guard with PC consent.
The trial court set bail hearing dates, received prosecution evidence, and on September 21, 1990 ordered petitioners produced for arraignment on October 1. At arraignment petitioners pleaded not guilty and filed an Urgent Motion for Hospital Confinement which the trial court denied on October 2, 1990 and ordered commitment to the Davao City Rehabilitation Center pending trial; a motion for reconsideration was denied. Petitioners sought relief in the Supreme Court; this Court on October 25, 1990 issued a Temporary Restraining Order (TRO) (1) restraining the RTC from further proceedings on the Motion for Hospital Confinement and (2) restraining Brig. Gen. Dumlao from transferring petitioners from St. Luke’s. On November 2, 1990 the trial court denied petitioners’ Motion for Bail; the Supreme Court on November 20, 1990 granted provisional liberty and set bail at P20,000 each, which petitioners posted November 23, 1990.
When the petition was given due course (July 16, 1991), petitioners abandoned their certiorari claim as moot and their mandamus claim as moot in light of the earlier Supreme Court rulings, and pressed ...(Pro-only)
Issues:
- Are the petitions for mandamus (to compel resolution of bail) and certiorari (to review denial of hospital confinement) moot and academic in light of this Court’s earlier orders?
- Is the third paragraph of Section 1 of Presidential Decree No. 1866 unconstitutional as violative of due process and equal protection?
- Did Republic Act No. 6968 repeal Presidential Decree No. 1866?
- Were the articles seized in the warrantless entry/search inadmissible under the constitutional prohibition against unreasonable searches and seizures, and did the t...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)