People of the Philippines vs. Damaso, G.R. No. 93516, Aug.
12, 1992
Keywords:
invalid search and seizure, NPA, coerced into agreeing to search premises
Summary: Trial
Court
- finds accused Basilio Damaso alias Bernardo/Bernie Mendoza alias Ka Dado
guilty beyond reasonable doubt of Violation of Presidential Decree Number 1866;
SC - REVERSED and the appellant is ACQUITTED
MEDIALDEA,
J.:
Facts: On 18 June 1988, Lt.
Candido Quijardo, a Philippine Constabulary officer connected with the 152nd PC
Company at Lingayen, Pangasinan, and some companions were sent to verify the
presence of CPP/NPA members in Barangay Catacdang, Arellano-Bani, Dagupan City.
In said place, the group apprehended Gregorio Flameniano, Berlina Aritumba,
Revelina Gamboa and Deogracias Mayaoa. When interrogated, the persons
apprehended revealed that there was an underground safehouse at Gracia Village
in Urdaneta, Pangasinan. After coordinating with the Station Commander of
Urdaneta, the group proceeded to the house in Gracia Village. They found
subversive documents, a radio, a 1 x 7 caliber .45 firearm and other items.
After the raid, the
group proceeded to Bonuan, Dagupan City, and put under surveillance the rented
apartment of Rosemarie Aritumba, sister of Berlina Aritumba whom they earlier
arrested. They interviewed Luzviminda Morados, a visitor of Rosemarie Aritumba.
She stated that she worked with Bernie Mendoza/Basilio Damaso. She guided the
group to the house rented by Damaso (@Mendoza). When they reached the house,
the group found that it had already vacated by the occupants. Since Morados was
hesitant to give the new address of Damaso (@Mendoza), the group looked for the
Barangay Captain of the place and requested him to point out the new house
rented by Damaso (@Mendoza).
The group again
required Morados to go with them. When they reached the house, the group saw
Luz Tanciangco outside. They told her that they already knew that she was a
member of the NPA in the area. At first, she denied it, but when she saw
Morados she requested the group to go inside the house. Upon entering the
house, the group, as well as the Barangay Captain, saw radio sets, pamphlets
entitled "Ang Bayan," xerox copiers and a computer machine. They also
found persons who were companions of Luz Tanciangco (namely, Teresita Calosa,
Ricardo Calosa, Marites Calosa, Eric Tanciangco and Luzviminda Morados).
The group requested
the persons in the house to allow them to look around. When Luz Tanciangco
opened one of the rooms, they saw books used for subversive orientation, one
M-14 rifle, bullets and ammunitions, Kenwood radio, artificial beard, maps of
the Philippines, Zambales, Mindoro and Laguna and other items. They confiscated
the articles and brought them to their headquarters for final inventory. They
likewise brought the persons found in the house to the headquarters for
investigation. Said persons revealed that Damaso (@Mendoza) was the lessee of
the house and owned the items confiscated therefrom. Thus, Basilio Damaso, was
originally charged in an information filed before the Regional Trial Court of
Dagupan City with violation of Presidential Decree 1866 in furtherance of, or
incident to, or in connection with the crime of subversion, together with
Luzviminda Morados y Galang @ Ka Mel, Teresita Calosa y Macabangon @ Ka Tessie,
Ricardo Calosa y Perez @ Ka Ric, Marites Calosa y Evangelista @ Ka Tess, Eric
Tanciangco y Capira @ Ka Ric and Luz Tanciangco y Pencial @ Ka Luz.
Such information was
later amended to exclude all other persons except Damaso from the criminal
charge. Upon arraignment, Damaso pleaded not guilty to the crime charged. Trial
on the merits ensued. The prosecution rested its case and offered its exhibits
for admission. The defense counsel interposed his objections to the
admissibility of the prosecution's evidence on grounds of its being hearsay,
immaterial or irrelevant and illegal for lack of a search warrant; and
thereafter, manifested that he was not presenting any evidence for the accused.
On 17 January 1990, the trial court rendered its decision, finding Damaso
guilty beyond reasonable doubt, sentencing the latter to suffer the penalty of
Reclusion Perpetua and to pay the costs of the proceedings. Damaso appealed.
Issue: Whether there was
waiver on the part of Damaso to allow the warrantless search of his house.
Ratio: Damaso was singled
out as the sole violator of PD 1866, in furtherance of, or incident to, or in
connection with the crime of subversion. There is no
substantial and credible evidence to establish the fact that the appellant is
allegedly the same person as the lessee of the house where the M-14 rifle and
other subversive items were found or the owner of the said items. Even assuming
for the sake of argument that Damaso is the lessee of the house, the case against him still will not prosper, the reason being
that the law enforcers failed to comply with the requirements of a valid search
and seizure proceedings. The
constitutional immunity from unreasonable searches and seizures, being a
personal one cannot he waived by anyone except the person whose rights are
invaded or one who is expressly authorized to do so in his or her . The records
show that Damaso was not in his house at that time Luz Tanciangco and Luz
Morados, his alleged helper, allowed the authorities to enter it. There is no
evidence that would establish the fact that Luz Morados was indeed Damaso's
helper or if it was true that she was his helper, that Damaso had given her
authority to open his house in his absence. The prosecution likewise failed to
show if Luz Tanciangco has such an authority. Without this evidence, the
authorities' intrusion into Damaso's dwelling cannot be given any color of legality.
While the power to search and seize is necessary to the
public welfare, still it must be exercised and the law enforced without
transgressing the constitutional rights of the citizens, for the enforcement of
no statute is of sufficient importance to justify indifference to the basic
principles of government. As a consequence,
the search conducted by the authorities was illegal. It would have been
different if the situation here demanded urgency which could have prompted the
authorities to dispense with a search warrant. But the record is silent on this
point. The fact that they came to Damaso's house at nighttime, does not grant
them the license to go inside his house.
Ruling: ACCORDINGLY,
the decision appealed from is hereby REVERSED and the appellant is ACQUITTED
with costs de oficio.
