Randolf S. David v. Gloria Macapagal-Arroyo, G.R. No. 171396, May 3, 2006 (and other consolidated cases)

D E C I S I O N

SANDOVAL-GUTIERREZ, J.:

I.      THE FACTS

On February 24, 2006, as the Filipino nation celebrated the 20th Anniversary of the EDSA People Power I, President Arroyo issued PP 1017, implemented by G.O. No. 5, declaring a state of national emergency, thus:

NOW, THEREFORE, I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution which states that: “The President. . . whenever it becomes necessary, . . . may call out (the) armed forces to prevent or suppress. . .rebellion. . .,” and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.

In their presentation of the factual bases of PP 1017 and G.O. No. 5, respondents stated that the proximate cause behind the executive issuances was the conspiracy among some military officers, leftist insurgents of the New People’s Army, and some members of the political opposition in a plot to unseat or assassinate President Arroyo. They considered the aim to oust or assassinate the President and take-over the reins of government as a clear and present danger.

Petitioners David and Llamas were arrested without warrants on February 24, 2006 on their way to EDSA. Meanwhile, the offices of the newspaper Daily Tribune, which was perceived to be anti-Arroyo, was searched without warrant at about 1:00 A.M. on February 25, 2006. Seized from the premises – in the absence of any official of the Daily Tribune except the security guard of the building – were several materials for publication. The law enforcers, a composite team of PNP and AFP officers, cited as basis of the warrantless arrests and the warrantless search and seizure was Presidential Proclamation 1017 issued by then President Gloria Macapagal-Arroyo in the exercise of her constitutional power to call out the Armed Forces of the Philippines to prevent or suppress lawless violence.

II.    THE ISSUE

1.    Were the warrantless arrests of petitioners David, et al., made pursuant to PP 1017, valid?

2.    Was the warrantless search and seizure on the Daily Tribune’s offices conducted pursuant to PP 1017 valid?

III.   THE RULING

[The Court partially GRANTED the petitions.]

1.    NO, the warrantless arrests of petitioners David, et al., made pursuant to PP 1017, were NOT valid.

[S]earches, seizures and arrests are normally unreasonable unless authorized by a validly issued search warrant or warrant of arrest. Section 5, Rule 113 of the Revised Rules on Criminal Procedure provides [for the following circumstances of valid warrantless arrests]:

Sec. 5. Arrest without warrant; when lawful. - A peace officer or a private person may, without a warrant, arrest a person:

(a)   When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense.

(b)   When an offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

x x x.

Neither of the [provisions on in flagrante nor hot pursuit warrantless arrests] justifies petitioner David’s warrantless arrest. During the inquest for the charges of inciting to sedition and violation of BP 880, all that the arresting officers could invoke was their observation that some rallyists were wearing t-shirts with the invective “Oust Gloria Now” and their erroneous assumption that petitioner David was the leader of the rally. Consequently, the Inquest Prosecutor ordered his immediate release on the ground of insufficiency of evidence. He noted that petitioner David was not wearing the subject t-shirt and even if he was wearing it, such fact is insufficient to charge him with inciting to sedition.

2.    NO, the warrantless search and seizure on the Daily Tribune’s offices conducted pursuant to PP 1017 was NOT valid.

[T]he search [and seizure in the Daily Tribune premises] is illegal. Rule 126 of The Revised Rules on Criminal Procedure lays down the steps in the conduct of search and seizure. Section 4 requires that a search warrant be issued upon probable cause in connection with one specific offence to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce. Section 8 mandates that the search of a house, room, or any other premise be made in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality. And Section 9 states that the warrant must direct that it be served in the daytime, unless the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. All these rules were violated by the CIDG operatives.