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    UY KHEYTIN Vs VILLAREAL, 42 Phil 886

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    Divina Gracia Hinlo
    1) Article 150 discusses punishments for refusing to obey summons from the National Assembly or Constitutional Commissions without a legal excuse, including refusing to answer inquiries or provide documents. 2) The phrase "without legal excuse" indicates only disobedience without excuse is punishable. It may not apply if documents could be used as self-incriminating evidence. 3) In Uy Khaytin vs. Villareal, the Supreme Court found an irregularity in a search warrant but did not order returned seized opium. It also ruled a second search the next day was a continuation not requiring a new warrant, but private documents seized could not be used as self-incriminating evidence.

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    UY KHEYTIN Vs VILLAREAL, 42 Phil 886

    Uploaded by

    Divina Gracia Hinlo
    654 views2 pages
    1) Article 150 discusses punishments for refusing to obey summons from the National Assembly or Constitutional Commissions without a legal excuse, including refusing to answer inquiries or provide documents. 2) The phrase "without legal excuse" indicates only disobedience without excuse is punishable. It may not apply if documents could be used as self-incriminating evidence. 3) In Uy Khaytin vs. Villareal, the Supreme Court found an irregularity in a search warrant but did not order returned seized opium. It also ruled a second search the next day was a continuation not requiring a new warrant, but private documents seized could not be used as self-incriminating evidence.

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    Art 150, Revised Penal Code

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    UY KHEYTIN vs VILLAREAL, 42 Phil 886

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    1) Article 150 discusses punishments for refusing to obey summons from the National Assembly or Constitutional Commissions without a legal excuse, including refusing to answer inquiries or provide documents. 2) The phrase "without legal excuse" indicates only disobedience without excuse is punishable. It may not apply if documents could be used as self-incriminating evidence. 3) In Uy Khaytin vs. Villareal, the Supreme Court found an irregularity in a search warrant but did not order returned seized opium. It also ruled a second search the next day was a continuation not requiring a new warrant, but private documents seized could not be used as self-incriminating evidence.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    654 views2 pages

    UY KHEYTIN Vs VILLAREAL, 42 Phil 886

    Uploaded by

    Divina Gracia Hinlo
    1) Article 150 discusses punishments for refusing to obey summons from the National Assembly or Constitutional Commissions without a legal excuse, including refusing to answer inquiries or provide documents. 2) The phrase "without legal excuse" indicates only disobedience without excuse is punishable. It may not apply if documents could be used as self-incriminating evidence. 3) In Uy Khaytin vs. Villareal, the Supreme Court found an irregularity in a search warrant but did not order returned seized opium. It also ruled a second search the next day was a continuation not requiring a new warrant, but private documents seized could not be used as self-incriminating evidence.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
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    of 2

    Art. 150.

    Disobedience to summons issued by the National Assembly, its committees or


    subcommittees, by the Constitutional Commissions, its committees, subcommittees or divisions

    -"Refuses, WITHOUT LEGAL EXCUSE, to obey such summons, x x x or to answer any legal inquiry or to
    produce any books, papers, documents, or records in his possession."

    The phrase "without legal excuse" in this article indicates that only disobedience without legal excuse
    is punishable.

    Hence, Art. 150 may not apply when the papers or documents may be used in evidence against the
    owner thereof, because it would be equivalent to compelling him to be witness against himself. (Uy
    Khaytin vs. Villareal, 42 Phil. 886) - Reyes

    UY KHEYTIN, ET AL vs. ANTONIO VILLAREAL, 42 Phil 886

    Facts:

    Upon application on April 30, 1919 by Corporal Gayanilo, Philippine Constabulary, for search warrant,
    the Judge Villareal, on the same day, issued a search warrant that there is probable cause to believe that
    in the house of Chino Uy Kheytin, under the desk for writing in his store there is kept a certain amount of
    opium.

    Further, commanded during day or night to make an immediate search on the person of Uy Kheytin or in
    the house for the following property opium and, if found the same or any part thereof, to bring it
    forthwith before the same Judge.

    Armed with that search warrant, the respondent, lieutenant of the Philippine Constabulary,
    accompanied by some of his subordinates, on the same day searched the house of the petitioner Uy
    Kheytin and found therein 60 small cans of opium. They wanted to search also the bodega on the
    ground-floor of the house, but Uy Kheytin positively denied that it was his or that he rented it. The next
    morning respondent learned from the owner of the house, that Uy Kheytin was the one who was
    renting the bodega. Thereupon respondent and his subordinates resumed the search and then and there
    found and seized other articles.

    Issue:

    1. That the search warrant of April 30th was illegal because the requisites prescribed by the General
    Orders No. 58 had not been complied with in its issuance;

    2. That the searches and seizures made on May 1st had been made without any semblance of authority
    and hence illegal; and

    3. That the seizure of the defendants' books and letters was a violation of the provisions of the Jones
    Law providing that no person shall be compelled to testify against himself, and protecting him against
    unreasonable searches and seizures.
    Ruling:

    The Supreme Court held the following:

    1. There was an irregularity in the issuance of the search warrant in question in that the judge did not
    first examine the complainant or any witnesses under oath, as required by section 98 of General Orders
    No. 58. However, that irregularity is not sufficient cause for ordering the return of the opium found and
    seized under said warrant, to the petitioners, and exonerating the latter.

    2. That the search made on May 1st was a continuation of the search begun on the previous day, and,
    therefore, did not require another search warrant.

    3. There is no reason or justification under the law for the seizure: First, because they were not
    "particularly described" or even mentioned in the search warrant; second, because, even if they had
    been mentioned in the search warrant, they could not be legally seized, for a search warrant cannot be
    used for the purpose of obtaining evidence; and third, because to compel a person to produce his
    private papers to be used in evidence against him would be equivalent to compelling him to be a witness
    against himself.

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