
NOLASCO V. PAÑO - 147 SCRA 509
Category: Criminal Procedure
FACTS:
The case at bar is for the motion for partial reconsideration of both petitioners and respondents of the SC’s decision that the questioned search warrant by petitioners is null and void, that respondents are enjoined from introducing evidence using such search warrant, but such personalities obtained would still be retained, without prejudice to petitioner Aguilar-Roque. Respondents contend that the search warrant is valid and that it should be considered in the context of the crime of rebellion, where the warrant was based. Petitioners on the other hand, on the part of petitioner Aguilar-Roque, contend that a lawful search would be justified only by a lawful arrest. And since there was illegal arrest of Aguilar-Roque, the search was unlawful and that the personalities seized during the illegal search should be returned to the petitioner. The respondents, in defense, concede that the search warrants were null and void but the arrests were not.HELD:
"Any evidence obtained in violation of this . . . section shall be inadmissible for any purpose in any proceeding" (Sec. 4[2]). This constitutional mandate expressly adopting the exclusionary rule has proved by historical experience to be the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures by outlawing all evidence illegally seized and thereby removing the incentive on the part of state and police officers to disregard such basic rights. What the plain language of the Constitution mandates is beyond the power of the courts to change or modify. All the articles thus seized fag under the exclusionary rule totally and unqualifiedly and cannot be used against any of the three petitioners.Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
NOLASCO V. PAÑO - 147 SCRA 509
Category: Criminal Procedure
FACTS:
The case at bar is for the motion for partial reconsideration of both petitioners and respondents of the SC’s decision that the questioned search warrant by petitioners is null and void, that respondents are enjoined from introducing evidence using such search warrant, but such personalities obtained would still be retained, without prejudice to petitioner Aguilar-Roque. Respondents contend that the search warrant is valid and that it should be considered in the context of the crime of rebellion, where the warrant was based. Petitioners on the other hand, on the part of petitioner Aguilar-Roque, contend that a lawful search would be justified only by a lawful arrest. And since there was illegal arrest of Aguilar-Roque, the search was unlawful and that the personalities seized during the illegal search should be returned to the petitioner. The respondents, in defense, concede that the search warrants were null and void but the arrests were not.HELD:
"Any evidence obtained in violation of this . . . section shall be inadmissible for any purpose in any proceeding" (Sec. 4[2]). This constitutional mandate expressly adopting the exclusionary rule has proved by historical experience to be the only practical means of enforcing the constitutional injunction against unreasonable searches and seizures by outlawing all evidence illegally seized and thereby removing the incentive on the part of state and police officers to disregard such basic rights. What the plain language of the Constitution mandates is beyond the power of the courts to change or modify. All the articles thus seized fag under the exclusionary rule totally and unqualifiedly and cannot be used against any of the three petitioners.Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
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