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Arrests in 40 Metropolitan Areas

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Arrests in 40 Metropolitan Areas Narratives Constitutional Law II Michael Vernon Guerrero Mendiola 2005 Shared under Creative Commons Attribution- NonCommercial-ShareAlike 3.0 Philippines license. Some Rights Reserved. Table of Contents Alvero vs. Dizon [GR L-342, 4 May 1946] … 1 People vs. Andre Marti [GR 81561, 18 January 1991] … 1 Bache & Co. (Phil.) Inc. vs. Ruiz [GR L-32409, 27 February 1971] … 2 Stonehill vs. Diokno [GR L-19550, 19 June 1967] … 4 Zurcher vs. Stanford Daily [436 US 547, 31 May 1978] ... 5 Wilson vs. Layne [526 US 603, 24 May 1999] … 6 Burgos v. Chief of Staff, AFP [GR 64261, 26 December 1984] … 8 Chandler vs. Miler [520 US 305, 15 April 1997] … 8 People vs. Chua Ho San [GR 128222, 17 June 1999] … 10 People vs. Molina [GR 133917, 19 February 2001] … 11 Solid Triangle Sales Corp. vs. Sitchon [GR 144309, 23 November 2001] … 12 People vs. Salanguit [GR 133254-55, 19 April 2001] … 14 Amarga vs. Abbas [GR L-8666, 28 March 1956] … 15 Sta. Rosa Mining Company vs. Assistant Provincial Fiscal Zabala [GR L-44723, 31 August 1987] … 16 People vs. Inting [GR 88919, 25 July 1990] … 17 Paderanga vs. Drilon [GR 96080, 19 April 1991] … 18 Pita vs. Court of Appeals [GR 80806, 5 October 1989] … 19 Abdula vs. Guiani [GR 118821, 18 February 2000] … 20 Pasion Vda. de Garcia vs. Locsin [GR 45950, 20 June 1938] … 22 Yee Sue Koy vs. Almeda [GR 47021, 15 June 1940] .. 23 Alvarez vs. Court of First Instance of Tayabas [GR 45358, 29 January 1937] … 24 Mata vs. Bayona [GR 50720, 26 March 1984] … 26 Olaez vs. People of the Philippines [GR 78347-49, 9 November 1987] … 26 Prudente vs. Dayrit [GR 82870, 14 December 1989] … 27 Chia vs. Acting Collector of Customs [GR L-43810, 26 September 1989] … 28 20th Century Fox Film Corporation vs. Court of Appeals [GR L-76649-51, 19 August 1988] … 29 Nolasco vs. Cruz Pano [GR L-69803, 8 October 1985] … 30 Paper Industries Corporation of the Philippines vs. Asuncion [GR 122092, 19 May 1999] … 32 Yousef Al-Ghoul vs. Court of Appeals [GR 126859, 4 September 2001] … 33 People v. Omaweng [GR 99050, 2 September 1992] … 34 People vs. Correa [GR 119246, 30 January 1998] … 35 People v. Ramos [GR 85401-02, 4 June 1990] … 36 People v. Barros [GR 90640, 29 March 1994] … 37 Veroy v. Layague [GR 95630, 18 June 1992] … 38 People vs. Damaso [GR 93516, 12 August 1992] … 39 Lopez vs. Commissioner of Customs [GR L-27968, 3 December 1975] … 41 Caballes vs. Court of Appeals [GR 136292, 15 January 2002] … 41 People vs. Asis [GR 142531, 15 October 2002] … 43 People vs. Tudtud [GR 144037, 26 September 2003] … 44 Chimel vs. California [395 US 752, 23 June 1969] … 46 People vs. dela Cruz [GR 83260, 18 April 1990] … 47 People v. Kalubiran [GR 84079, 6 May 1991] … 47 People v. Malmstedt [GR 91107, 19 June 1991] … 48 Espano vs. Court of Appeals [GR 120431, 1 April 1998] … 49 People vs. Tangliben [GR L-63630, 6 April 1990] … 50 People v. Che Chun Ting [GR 130568-69, 21 March 2000] … 51 People vs. Estrella [GR 138539-40, 21 January 2003] … 52 People vs. Libnao [GR 136860, 20 January 2003] … 54 People v. Musa [GR 96177, 27 January 1993] … 55 Padilla vs. Court of Appeals [GR 121917, 12 March 1997] … 56 People vs. Valdez [GR 129296, 25 September 2000] … 58 Arizona v. Hicks [480 US 321, 3 March 1987] … 60 People vs. Compacion [GR 124442, 20 July 2001] … 61 Roldan vs. Arca [GR L-25434, 25 July 1975] … 62 Hizon vs. Court of Appeals [GR 119619, 13 December 1996] … 64 People vs. Gatward [GRs 119772-73, 7 February 1997] … 66 People vs. Johnson [GR 138881, 18 December 2000] … 67 People vs. Suzuki [GR 120670, 23 October 2003] … 68 Bureau of Customs vs. Ogario [GR 138081, 30 March 2000] … 70 Terry vs. Ohio [392 US 1, 10 June 1968] … 71 People v. Solayao [GR 119220, 20 September 1996] … 72 Manalili v. CA [GR 113447, 9 October 1997] … 73 Malacat vs. Court of Appeals [GR 123595, 12 December 1997] … 74 Florida vs. J.L. [000 US 98-1993, 28 March 2000] … 76 People vs. Balingan [GR 105834, 13 February 1995] … 76 Asuncion vs. Court of Appeals [GR 125959, 1 February 1999] … 78 Papa vs. Mago [GR L-27360, 28 February 1968] … 79 People vs. CFI Rizal, Branch IX, Quezon City [GR L-41686, 17 November 1980] … 80 Whren v. United States [ 517 US 806 (No. 95-5841), 10 June 1996] … 82 Arkansas vs. Sullivan [000 US 00-262, 29 May 2001] … 83 People vs. de Gracia [GR 102009-10, 6 July 1994] … 84 Valmonte vs. de Villa [GR 83988, 24 May 1990] … 85 Aniag vs. Commission on Elections [GR 104961, 7 October 1994] … 87 People vs. Escano, Usana and Lopez [GR 129756-58, 28 January 2000] … 88 Camara vs. Municipal Court of the City and Country of San Francisco [387 US 523, 5 June 1967] … 89 In RE: Umil, Umil vs. Ramos [GR 81567, 9 July 1990] … 90 People vs. Sucro [GR 93239, 18 March 1991] … 91 People vs. Doria [GR 125299, 22 January 1999] … 92 People vs. Go [GR 116001, 14 March 2001]; also Go vs. Court of Appeals [GR 123943] … 94 People vs. de Guzman [GR 117952-53, 14 February 2001] … 96 People vs. Gerente [GR 95847-48, 10 March 1993] … 97 People vs. Sinoc [GR 113511-12, 1 July 1997] … 98 People vs. Baula [GR 132671, 15 November 2000] … 99 People vs. Cubcubin [GR 136267, 10 July 2001] … 101 People vs. Rodrigueza [GR 95902, 4 February 1992] … 102 Go vs. Court of Appeals [GR 101837, 11 February 1992] … 104 People vs. Calimlim [GR 123980, 30 August 2001] … 106 People vs. Enrile [GR 74189, 26 May 1993] … 107 People vs. Pasudag [GR 128822, 4 May 2001] … 108 People vs. Aminnudin [GR L-74860, 6 July 1988] .. 108 People vs. Plana [GR 128285, 27 November 2001] … 109 People vs. Conde [GR 113269, 10 April 2001] … 110 This collection contains ninety-two (92) cases summarized in this format by Michael Vernon M. Guerrero (as a senior law student) during the First Semester, school year 2005-2006 in the Political Law Review class under Dean Mariano Magsalin Jr. at the Arellano University School of Law (AUSL). Compiled as PDF, September 2012. Berne Guerrero entered AUSL in June 2002 and eventually graduated from AUSL in 2006. He passed the Philippine bar examinations immediately after (April 2007). berneguerrero.wordpress.com Narratives (Berne Guerrero) 121 Alvero vs. Dizon [GR L-342, 4 May 1946] En Banc, de Joya (J): 4 concur, 4 acting justices concur Facts: On 12 February 1945, while the battle for Manila was raging, soldiers of the United States Army, accompanied by men of Filipino Guerrilla Forces, placed Aurelio S. Alvero under arrest, having been suspected of collaboration with the enemy, and seized and took certain papers from his house in Pasay, Rizal. On or about 4 October 1945, Alvero was accused of treason, in criminal case 3 of the People's Court; after which, on 1 December 1945, he filed a petition, demanding the return of the papers allegedly seized and taken from his house. Alvero also filed a petition for bail, at the hearing of which the prosecution presented certain papers and documents, which were admitted as part of its evidence, and said petition was denied. At the trial of the case on the merits, the prosecution again presented said papers and documents, which were admitted as part of its evidence, and were marked as exhibits. On 26 February 1946, the judges issued an order denying the petition for the return of the documents, and admitted as competent evidence the documents presented by the prosecution. On the same date that said order was issued, denying the petition for the return of said documents, Alvero asked for the reconsideration of said order, which was also denied. Alvero filed a petition for certiorari with injunction with the Supreme Court. Issue: Whether the documents seized by United States Army personnel at Alvero’s home can be used as evidence against the latter. Held: The right of officers and men of the United States Army to arrest Alvero, as a collaborationist suspect, and to seize his personal papers, without any search warrant, in the zone of military operations, is unquestionable, under the provisions of article 4, Chapter II, Section I, of the Regulations relative to the Laws and Customs of War on Land of the Hague Conventions of 1907, authorizing the seizure of military papers in the possession of prisoners of war; and also under the proclamation, dated 29 December 1944, issued by Gen. Douglas MacArthur, as Commander in Chief of the United States Army, declaring his purpose to remove certain citizens of the Philippines, who had voluntarily given aid and comfort to the enemy, in violation of the allegiance due the Governments of the United States and the Commonwealth of the Philippines, when apprehended, from any position of political and economic influence in the Philippines and to hold them in restraint for the duration of the war. The purpose of the constitutional provisions against unlawful searches and seizures is to prevent violations of private security in person and property, and unlawful invasions of the sanctity of the home, by officers of the law acting under legislative or judicial sanction, and to give remedy against such usurpations when attempted. But it does not prohibit the Government from taking advantage of unlawful searches made by a private person or under authority of state law. Herein, as the soldiers of the United States Army, that took and seized certain papers and documents from the residence of Alvero, were not acting as agents or on behalf of the Government of the Commonwealth of the Philippines; and that those papers and documents came into the possession of the authorities of the Commonwealth Government, through the Office of the CIC of the United States Army in Manila, the use and presentation of said papers and documents, as evidence for the prosecution against Alvero, at the trial of his case for treason, before the People's Court, cannot now be legally attacked, on the ground of unlawful or unreasonable searches and seizures, or on any other constitutional ground, as declared by the Supreme Court of the United States in similar cases.
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