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NONILLON A. BAGALIHOG v. JUDGE GIL P. FERNANDEZ

FACTS:

On March 17, 1989, Rep. Moises Espinosa was shot to death at the Masbate Airport. The petitioner's house, located near the airport, was searched with his consent to find the killers but found nothing. Two days later, without a search warrant, Capt. Julito Roxas and his men seized the petitioner's motorcycle suspecting it was used by the killers. The motorcycle was impounded and later used as evidence against the petitioner and several others who were charged with multiple murder and frustrated murder. The petitioner filed a complaint for the recovery of the motorcycle but the case was dismissed by Judge Gil Fernandez who held that the court had no jurisdiction to release the impounded evidence. The petitioner now seeks reversal of the decision, claiming that the motorcycle was illegally seized and should be returned to him.

ISSUES:

  1. Whether the motorcycle was validly seized without a search warrant.

  2. Whether the petitioner has a right to its return through a complaint for recovery and the issuance of a writ of replevin.

RULING:

  1. The motorcycle was invalidly seized without a search warrant. The authorities failed to comply with the requirements of the Bill of Rights under Article III, Section 2 of the Constitution, which protects individuals from unreasonable searches and seizures.

  2. The petitioner has a right to the return of the motorcycle through a complaint for recovery and the issuance of a writ of replevin. The respondent court erred in dismissing the case for lack of jurisdiction instead of granting the petitioner relief.

PRINCIPLES:

  • The right to be secure in one's persons, houses, papers, and effects against unreasonable searches and seizures is inviolable and protected under the Bill of Rights.

  • The importance of the property in the prosecution of criminal cases does not excuse its seizure without a search warrant.

  • Superior orders cannot condone the violation of constitutional guaranties.

  • The presumption of innocence applies not only to those who appear to be innocent but also to those who appear to be guilty until proven otherwise.