REPUBLIC

w/n SB erred in holding that the articles March 1986: Constabulary raiding team served a search warrant
andthings confiscated from Dimaano captioned "Illegal Possession of Firearms and Ammunition."
AFP Anti-Graft Board was created by PCGG to investigate the unexplained were illegally seized and therefore • D was not present but her cousins were there
wealth and corrupt practices by AFP Personnel. excluded as evidence. NO • Seized items items not in the search warrant

It investigated the various reports of alleged unexplained wealth of Ramas, The directives and orders of the revolutionary government were
a Commanding General of Ph Army, and mistress Dimaano. the SUPREME LAW
• In its resolution, it reported the unexplained of Ramas: • No Constitution which would limit such
o house and lot in LV and Cebu; equipment and • No BOR during the interegnum
communications facilities found in the premisesof o A person could not invoke the
Dimaano (confiscated); house and 50k USD of D EXCLUSIONARY RIGHT
o D had no visible income and was supported by R o In this scenario, no one could question the
o R stayed in the alleged house of D in Batangas sequestration orders as violative of the BOR
• Conclusion: prima facie case exists against respondents for ill-
gotten and unexplained wealth. However, there is still protection accorded by ICCPR and UDHR
• RG did not repudiate the C or the D during interregnum.
Philippine Constabulary team raided the house of D and forfeited some ICCPR
items such as jewelries, land titles and monies. • Remain in effect
• The RG, after installing itself as the de jure gov't, assumed
After so many postponements because petitioner could not show further responsibility of the State's GF compliance with
evidence, Dimaano and Ramas filed MTD pursuant to Migrino case. Covenant as a signatory.
• PCGG does not have to investigate and prosecute military officers o Art. 2(1): signatory state must respect rights
by reason of mere position held without showing that they are recognized in the Covenant
subordinates of former. o No one shall be subject to arbitrary and
unlawful interference with his privacy,
SB: rendered a decision dismissing the amended complaint and ordering family, home and correspondence
the return of confiscated items to Dimaano. Declaration (Ph is a signatory)
• Result of an illegal search and seizure • this is part of GAPIntL and binding on the State
• obligated under IL to observe the rights of individuals
o no one shall be deprived of his property
• part of customary law

As to illegal s&s
• The warrant, issued by a judge upon proper application,
specified the items to be searched and seized. The
warrant is thus valid with respect to the items
specifically described in the warrant.
• Constabulary raiding team seized items not included in
the warrant such as
o armalite, ammunition, pistol,
communications equipment, cash, jewelry
and land titles
• According to direct examination of Capt. Rodolfo, they
thought the vaults contained firearms so they opened it
only to find out it contained money.
o Confiscated everything so that it won't get
lost if they leave it behind.
• Seizure of items were void unless they were contraband
per se but they were not.