G.R. No. L-69899 July 15, 1985 late Senator Benigno Aquino, Jr.

Benigno Aquino, Jr. on August 21, 1983 at the 29243 (Sedition case against petitioner), pending before
Manila International Airport. The Agrava Board which has the Regional Trial Court of Quezon City, Branch 98,
the exclusive jurisdiction to determine the facts and effective immediately and continuing until further orders
ROMMEL CORRO, Petitioner, vs. HON. ESTEBAN LISING
circumstances behind the killing had virtually affirmed by from the Court.chanrobles virtual law library
Presiding Judge, Regional Trial Court, Quezon City,
evidence testamentary and documentary the fact that
Branch XCV HON. REMIGIO ZARI Regional Trial Court,
soldiers killed Benigno Aquino, Jr.chanrobles virtual law
Quezon City, Branch 98; CITY FISCAL'S OFFICE, Quezon Respondents would have this Court dismiss the petition on
library
City; LT. COL. BERLIN A. CASTILLO and 1ST LT. the ground that (1) the present action is premature
GODOFREDO M. IGNACIO, respondents, because petitioner should have filed a motion for
4. More so, the grave offense of libel, RTC, Q.C. Branch reconsideration of respondent Judge Lising's order of
XCV has dismissed said case against the accused on all January 28, 1985; (2) probable cause exists justifying the
Reynaldo L. Bagatsing for petitioner.
documents pertinent and more so as we repeat, rendered issuance of a search warrant; (3) the articles seized were
moot and academic by the recent Agrava Report. (p. 27, adequately described in the search warrant; (4) a search
RELOVA, J.: Rollo) was conducted in an orderly manner; (5) the padlocking of
the searched premises was with the consent of petitioner's
wife; (6) the findings of the Agrava Board is irrelevant to
On September 29, 1983, respondent Regional Trial Court On January 28, 1985, respondent Judge Lising denied the
the issue of the validity of the search warrant; (7) press
judge Esteban Lising of Quezon City, upon application filed motion in a resolution, pertinent portions of which state:
freedom is not an issue; and, (8) the petition is barred by
by Lt. Col. Berlin Castillo of the Philippine Constabulary
laches.chanrobles virtual law library
Criminal Investigation Service, issued Search Warrant No.
... The said articles presently form part of the evidence of
Q-00002 authorizing the search and seizure of-
the prosecution and they are not under the control of the
There is merit in the petition.chanrobles virtual law library
prosecuting arm of the government. Under these
1. Printed copies of Philippine Times; circumstances, the proper forum from which the petition to
withdraw the articles should be addressed, is the Office of Respondents contend that petitioner should have filed a
the City Fiscal, Quezon City and not with this Branch of the motion for reconsideration of the order in question before
2. Manuscripts/drafts of articles for publication in the
Court. It is to be further noted that it is not even with this coming to Us. This is not always so. When the questions
Philippine Times;
Branch of the Court that the offense of inciting to sedition raised before the Supreme Court are the same as those
is pending. (p 29, Rollo) which were squarely raised in and passed upon by the
3. Newspaper dummies of the Philippine Times; lower court, the filing of the motion for reconsideration in
said court before certiorari can be instituted in the
Hence, this petition for certiorari and mandamus, with
Supreme Court is no longer a pre-requisite. As held in
4. Subversive documents, articles, printed matters, application for preliminary injunction and restraining order
Bache & Co. (Phil.), Inc. vs. Ruiz, 37 SCRA 823, (t)he rule
handbills, leaflets, banners; to enjoin respondent Regional Trial Court, National Capital
requiring the filing of a motion for reconsideration before
Region, Branch 98 from proceeding with the trial of
an application for a writ of certiorari can be entertained
Criminal Case No. S3-Q-29243, praying (a) that Search
5. Typewriters, duplicating machines, mimeographing and was never intended to be applied without considering the
Warrant No. Q-00002 issued by respondent Judge Esteban
tape recording machines, video machines and tapes circumstances. The rule does not apply where, the
M. Lising be declared null and void ab initio and that a
deprivation of petitioners' fundamental right to due process
mandatory injunction be issued directing respondents City
taints the proceeding against them in the court below not
which have been used and are being used as instrument Fiscal's Office of Quezon City and Lt. Col. Berlin Castillo
only with irregularity but also with nullity." Likewise, in
and means of committing the crime of inciting to sedition and 1st Lt. Godofredo Ignacio jointly and severally to
Pajo, et al. vs. Ago, et al., 108 Phil. 905 and in Gonzales
defined and penalized under Article 142 of the Revised return immediately the documents/properties illegally
vs. Court of Appeals, 3 SCRA 465, this Court ruled that "it is
Penal Code, as amended by PD 1835 ... (p. 24, Rollo) seized from herein petitioner and that final injunction be
only when questions are raised for the first time before the
issued enjoining respondents City Fiscal's Office of Quezon
high court in a certiorari case that the writ shall not issue,
City, Lt. Col. Castillo and 1st Lt. Ignacio from utilizing said
On November 6, 1984, petitioner filed an urgent motion to unless the lower court had first been given an opportunity
documents/properties as evidence in Criminal Case No.
recall warrant and to return documents/personal to pass upon the same." Further, in the case of Matute vs.
29243; and (b) that respondent PC-CIS officers Lt. Col.
properties alleging among others that: Court of Appeals, 26 SCRA 768, We held that "while as a
Berlin A. Castillo and lst Lt. Godofredo Ignacio be directed
matter of policy a motion for reconsideration in the lower
to reopen the padlocked office premises of the Philippine
court has often been considered a condition sine qua non
2. ... the properties seized are typewriters, duplicating Times at 610 Mezzanine Floor, Gochengco Building, T.M.,
for the granting of a writ of certiorari, this rule does not
machines, mimeographing and tape recording machines, Kalaw, Ermita, Manila.chanrobles virtual law library
apply where the proceeding in which the error occurred is
video machines and tapes which are not in any way, a patent nullity or where 'the deprivation of petitioner's
inanimate or mute things as they are, connected with the
In Our Resolution of February 19, 1985, respondents were fundamental right to due process ... taints the proceeding
offense of inciting to sedition.chanrobles virtual law library
required to file their comment. The plea for temporary against him in the court below not only with irregularity
restraining order was granted and respondents City Fiscal's but with nullity (Luzon Surety Co. v. Marbella et al., L-
3. More so, documents or papers seized purporting to do Office of Quezon City, Lt. Col. Berlin Castillo and 1st Lt. 16038, Sept. 30, 1960), or when special circumstances
the body of the crime has been rendered moot and Godofredo Ignacio were enjoined from introducing as warrant immediate and more direct action. ..." The records
academic due to the findings of the Agrava Board that a evidence for the state the documents/properties seized of this petition clearly disclose that the issues herein raised
military conspiracy was responsible for the slaying of the under Search Warrant No. Q-00002 in Criminal Cage No. Q-
have already been presented to and passed upon by the ... the said periodical published by Rommel Corro, contains include all conceivable records and equipment of petitioner
court a quo. articles tending to incite distrust and hatred for the regardless of whether they are legal or illegal. The search
Government of the Philippines or any of its duly constituted warrant under consideration was in the nature of a general
authorities. (p. 23, Rollo) warrant which is constitutionally objectionable.chanrobles
Section 3, Article IV of the 1973 Constitution provides:
virtual law library
The above statements are mere conclusions of law and will
SEC. 3. ...no search warrant or warrant of arrest issue
not satisfy the requirements of probable cause. They can Respondents do not deny the fact that the business office
except upon probable cause to be determined by the
not serve as basis for the issuance of search warrant, of the "Philippine Times" of which petitioner was the
judge, or such other responsible officer as may be
absent of the existence of probable cause. In fact, as a publisher-editor was padlocked and sealed. The
authorized by law, after examination under oath or
consequence of the search warrant issued, the items consequence is, the printing and publication of said
affirmation of the complainant and the witnesses he may
confiscated from the premises of the office of the newspaper were discontinued. In Burgos, Sr. vs. Chief of
produce, and particularly describing the place to be
Philippine Times at 610 Mezzanine Floor, Gochengco Bldg., Staff of the Armed Forces of the Philippines, supra, We
searched and the persons or things to be seized.
T.M. Kalaw, Ermita, Manila were the following: held that "[sluch closure is in the nature of previous
restraint or censorship abhorrent to the freedom of the
and, Section 3, Rule 126 of the New Rules of Court, states press guaranteed under the fundamental law, and
1. One bundle of assorted negative;
that: constitutes a virtual denial of petitioners' freedom to
express themselves in print. This state of being is patently
2. One bundle of assorted lay out; anathematic to a democratic framework where a free,
SEC. 3. Requisites for issuing search warrant. - A search
alert and even militant press is essential for the political
warrant shall not issue but upon probable cause in
enlightenment and growth of the citizenry."
connection with one specific offense to be determined by 3. Three folders of assorted articles/writings used by
the judge or justice of the peace after examination under Philippine Times news and other paraphernalias;
oath or affirmation of the complainant and the witnesses Finally, respondents argue that while the search warrant
he may produce, and particularly describing the place to be was issued on September 29, 1983 and was executed on the
4. Four tape - alleged speech of Mayor Climaco, two
searched and the persons or things to be seized. very same day, it was only on November 6, 1984, or one (1)
alleged speeches of Aquino and a speech of one various
year, one (1) month and six (6) days when petitioner filed
artist;
his motion for the recall of the warrant and the return of
Probable cause may be defined as "such reasons, supported
the documents/personal properties. Having failed to act
by facts and circumstances, as will warrant a cautious man
5. One bundle Dummies; seasonably, respondents claim that petitioner is guilty of
in the belief that his actions, and the means taken in
laches.chanrobles virtual law library
prosecuting it, are legally just and proper (Burton vs. St.
Paul, M & M. Ry. Co., 33 Minn. 189, cited in U.S. vs. 6. Ten bundles of assorted copies of Philippine Times issued
Addison, 28 Phil. 566)." Thus, an application for search on different dates (Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15): Laches is the failure or neglect, for an unreasonable and
warrant must state with particularly the alleged subversive unexplained length of time, to do that which by exercising
materials published or intended to be published by the due diligence, could or should have been done earlier. The
7. One Typewriter Remington Brand Long Carriage with No.
publisher and editor of the Philippine Times, Rommel negligence or omission to assert a right within a reasonable
J-2479373;
Corro. As We have stated in Burgos, Sr. vs. Chief of Staff of time, warranting a presumption that the party entitled to
the Armed Forces of the Philippines, 133 SCRA 800, "mere assert it either has abandoned it or declined to assert it
generalization will not suffice." A search warrant should 8. OneTypewriterAdler-short with No. 9003011; (Tijam vs. Sibonghanoy, L-21450, April 15, 1968, 23 SCRA
particularly describe the place to be searched and the 35).chanrobles virtual law library
things to be seized. "The evident purpose and intent of this
9. Three (3) bundles of Philippine Times latest issue for
requirement is to limit the things to be seized to those, and
Baguio City (p. 26, Rollo) In his petition, Corro alleged that on October 1, 1983, less
only those, particularly described in the search warrant- to
than forty-two (42) hours after the military operatives shut
leave the officers of the law with no discretion regarding
down his newspaper on September 29, 1983, he was invited
what articles they should seize, to the end that In Stonehill vs. Diokno, 20 SCRA 383, this Court held that
by the Director-General PC/INP, and subsequently
unreasonable searches and seizures may not be committed, search warrants authorizing the seizure of books of
detained. Thereafter, he was charged with the crime of
- that abuses may not be committed Bache & Co. Phil. Inc. accounts and records "showing all the business transactions"
inciting to sedition before the City Fiscal's Office in Quezon
vs, Ruiz, supra)." The affidavit of Col. Castillo states that in of certain persons, regardless of whether the transactions
City, and on October 7, 1983, a preventive detention action
several issues of the Philippine Times: were legal or illegal, contravene the explicit comment of
was served upon him. Consequently, he had to file a
the Bill of Rights that the things to be seized should be
petition for habeas corpus. It was only on November 8,
particularly described and defeat its major objective of
... we found that the said publication in fact foments 1984 when this Court issued its Resolution in G.R. No.
eliminating general warrants. In the case at bar, the search
distrust and hatred against the government of the 68976, entitled: In the Matter of the Petition for Habeas
warrant issued by respondent judge allowed seizure of
Philippines and its duly constituted authorities, defined and Corpus of Rommel Corro Angle Corro vs. Minister Juan
printed copies of the Philippine Times, manuscripts/drafts
penalized by Article 142 of the Revised Penal Code as Ponce Enrile, et al., releasing Rommel Corro on
of articles for publication, newspaper dummies, subversive
amended by Presidential Decree No. 1835; (p. 22, Rollo) recognizance of his lawyers, Attys. Humberto B. Basco,
documents, articles, etc., and even typewriters,
Reynaldo Bagatsing and Edilberto Balce, In the same
duplicating machines, mimeographing and tape recording
month, November 1984, petitioner filed his motion to
and, the affidavit of Lt. Ignacio reads, among others- machines. Thus, the language used is so all embracing as to
recall warrant and to return the seized documents. When
respondent judge denied the motion, he came to
Us.chanrobles virtual law library

Considering the above circumstances, the claim that

petitioner had abandoned his right to the possession of the
seized properties is incorrect.chanrobles virtual law library

WHEREFORE, Search Warrant No. Q-00002 issued by the

respondent judge on September 29, 1983 is declared null
and void and, accordingly, SET ASIDE.chanrobles virtual law
library

The prayer for a writ of mandatory injunction for the

return of the seized articles is GRANTED and all properties
seized thereunder are hereby ordered RELEASED to
petitioner. Further, respondents Lt. Col. Berlin A. Castillo
and lst Lt. Godofredo M. Ignacio are ordered to RE-OPEN
the padlocked office premises of the Philippine Times at
610 Mezzanine Floor, Gochengco Bldg., T.M. Kalaw, Ermita,
Manila.chanrobles virtual law library

SO ORDERED.

Teehankee, Makasiar, Concepcion, Jr., Melencio-Herrera,

Plana, Escolin, Gutierrez, Jr., De la Fuente, Cuevas and
Alampay, JJ., concur.chanrobles virtual law library

Fernando, C.J., concur in the result.chanrobles virtual law

library

Aquino, J., took no part.chanrobles virtual law library

Separate Opinions

ABAD SANTOS, J., concurring:

This case, like the WE FORUM case, is another example of

the military's gross disregard of the Constitutional
provisions against unreasonable searches and seizures and
freedom of the press, aided and abetted by judges who
should know better. I give my hearty concurrence.

Separate Opinions

ABAD SANTOS, J., concurring:

This case, like the WE FORUM case, is another example of

the military's gross disregard of the Constitutional
provisions against unreasonable searches and seizures and
freedom of the press, aided and abetted by judges who
should know better. I give my hearty concurrence.