Nolasco, et al vs. Paño
G.R. No. L-69803
October 8, 1985
Facts:
The present case was subject for resolution.
Supreme Court held in a criminal case that the arrest of the
petitioners was illegal, annulling the decision of respondent Judge Paño, and that the seizure of the items by virtue of the
warrant by the same respondent judge are inadmissible as evidence in the
Subversive Documents case. However the Court held that the items were to be
retained in case it would be used as evidence in a separate criminal case
pending before the Special Military Commission No.1, returning the rest which
are determined irrelevant by petitioner.
Petitioners questioned the portion of the
decision regarding the retention of the properties seized. One of the petitioners
also assailed the respondent’s claim that the search was incidental to her
arrest for the crime of rebellion.
Issue:
Whether or not some of the properties seized
may be introduced as evidence in a separate criminal case.
