Title: Alih vs.

Castro
Lesson/Doctrine: Determining probable cause (process)
Case/Action: Petition to review the decision of the RTC of Zamboanga City
Facts: The military operation zona was conducted and hundreds of military troops raided a particular
compound in Zamboanga City in search of loose firearms, ammunition, and other explosives. A firefight
ensued. The next morning, 16 male occupants were arrested, finger-printed, paraffin-tested and
photographed over their objections. The Military also confiscated their weapons and ammunitions. The
petitioners came to the SC seeking to exclude the items seized as they were illegally taken. The Court
treated it as an injunction suit with a prayer for the return of the articles alleged to have been illegally
seized and referred it for hearing to a Judge of the RTC Zamboanga City. After receiving testimonial and
documentary evidence of the parties, said judge submitted the report and recommendations to SC.
Issue/s: Whether or not the petitioners belongings were illegally seized.
Petitioners arguments: Such seizure without a warrant violated their (petitioners) right to be secure in
persons, houses, papers and effects against unreasonable searches and seizures.
Respondents arguments: While admitting to the absence of a warrant thereof, justified their act on the
ground that they were only acting under superior orders. The measure was also necessary because of the
aggravation of peace and other problems generated by the assassination of then Mayor Climaco.
(Petitioners suspects for the assassination).
Ratio: The precarious state of lawlessness of Zamboanga at that time did not justify the non-observance
of the petitioners constitutional guaranty. There was no state of hostilities in the area to justify (assuming
that it could) the actions of the military. Reports of firearms were unsubstantiated, and petitioners were
merely suspected for the assassination (not even investigated yet). The fact that petitioners were suspected
of the mayors killing did not excuse the constitutional short-cuts which the military did in this case. They
(military) had every opportunity to acquire a warrant from the TEN civil courts still open at that time in
Zamboanga City; instead, they simply barged in on the compound and seized the items. As fruits of a
poison tree, the firearms and ammunition taken from the compound are inadmissible in evidence against
petitioners.
Holding: Search of petitioners premises illegal; articles seized as a result thereof are inadmissible in
evidence against petitioners in any proceeding. However, they shall remain in custodia legis.

Note: Castro here is Major General Delfin C. Castro, commander southcom and regional unified
command, region IX, Zamboanga City.