Umil vs. Ramos

FACTS: This consolidated case of 8 petitions for habeas corpus assails the validity of the arrests and searches made by the military on the petitioners. The arrests relied on the “confidential information” that the authorities received. Except for one case where inciting to sedition was charged, the rest are charged with subversion for being a member of the New People’s Army.

RULING: The arrests were legal. Regarding the subversion cases, the arrests were legal since subversion is a form of a continuing crime – together with rebellion, conspiracy or proposal to commit rebellion/subversion, and crimes committed in furtherance thereof or in connection therewith. On the inciting to sedition case, the arrest was legal since an information was filed prior to his arrest. Lastly, the arrests were not fishing expeditions but a result of an in-depth surveillance of NPA safe houses pinpointed by none other than members of the NPA.
The right to preliminary investigation should be exercised by the offender as soon as possible. Otherwise, it would be considered as impliedly waived and the filing of information can proceed. This sort of irregularity is not sufficient to set aside a valid judgment upon a sufficient complaint and after a trial free from error.

DISSENT: (Sarmiento, J.) The “confidential information” was nothing but hearsay. The searches and arrests made were bereft of probable cause and that the petitioners were not caught in flagrante delicto or in any overt act. Utmost, the authorities was lucky in their fishing expeditions.

2. The Bill of Rights can only be invoked only against the state. People vs. Marti -- Marti and his wife went to the booth of the "Manila Packing and Export Forwarders" carrying with them four (4) gift-wrapped packages. Marti informed the owner that the packages simply contained books, cigars and gloves as gifts to his friends in Zurich and refused to allow the owner to examine and inspect the packages. However, before the delivery of the box to the Bureau of Customs, the owner's husband inspected the package and found marijuana which was later turned over to the NBI. A case was filed against Marti. Marti invoked his right against illegal searches and seizure. Held: The constitutional proscription against unlawful searches and seizures therefore applies as a restraint directed only against the government and its agencies tasked with the enforcement of the law. Thus, it could only be invoked against the State to whom the restraint against arbitrary and unreasonable exercise of power is imposed.

Corollarily, alleged violations against unreasonable search and seizure may only be invoked against the State by an individual unjustly traduced by the exercise of sovereign authority. To agree with appellant that an act of a private individual in violation of the Bill of Rights should also be construed as an act of the State would result in serious legal complications and an absurd interpretation of the constitution