Case Digest: Alih vs. Castro

Alih vs. Castro

151 SCRA 279

 June 23, 1987

Facts:

Respondents who were members of the Philippine marine and defense forces raided the compound occupied by petitioner in search of loose firearms, ammunitions and explosives.  A shoot-out ensued after petitioners resisted the intrusion by the respondents, killing a number of men. The following morning, the petitioners were arrested and subjected to finger –printing, paraffin testing  and photographing despite their objection. Several kinds of rifle, grenades and ammunitions were also confiscated.

The petitioners filed an injunction suit with a prayer to have the items illegally seized returned to them and invoked the provisions on the Bill of Rights

The respondents admitted that the operation was done without a warrant but reasoned that they were acting under superior orders and that operation was necessary because of the aggravation of the peace and order problem  due to the assassination of the city mayor.

Issue:

Whether or not the seizing of the items and the taking of the fingerprints and photographs of the petitioners and subjecting them to paraffin testing are violative of the bill of Rights and are inadmissible as evidence against them.

Held:

The court held that superior orders nor the suspicion that the respondents had against petitioners did not excuse the former from observing the guaranty provided for by the constitution against unreasonable searches and seizure. The petitioners were entitled to due process and should be protected from the  arbitrary actions of those tasked to execute the law. Furthermore, there was no showing that the operation was urgent nor was there any showing of the petitioners as criminals or fugitives of justice to merit approval by virtue of Rule 113, Section 5 of the Rules of Court.

The items seized, having been the “fruits of the poisonous tree” were held inadmissible as evidence in any proceedings against the petitioners. The operation by the respondents was done without a warrant and so the items seized during said operation should not be acknowledged in court as evidence. But said evidence should remain in the custody of the law (custodia egis).

However, as to the issue on finger-printing, photographing and paraffin-testing as violative of the provision against self-incrimination, the court held that the prohibition against self-incrimination applies to testimonial compulsion only. As Justice Holmes put it in Holt v. United States, 18 “The prohibition of compelling a man in a criminal court to be a witness against himself is a prohibition of the use of physical or moral compulsion to extort communications from him, not an exclusion of his body as evidence when it may be material.”

Categories: 151 SCRA 279, Alih vs. Castro, Constitutional Law, CRIMINAL LAW, Search and Seizure