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: Click to see Ruling for ALIH VS. CASTRO HERE. :)
