EN BANC[G.R. No. 104768. July 21, 2003]Republic of the
Philippine, petitioner, vs. !"n#i$"nb"y"n, %"&o'Gene'"l Joephu
(. R")" "n# *li+"beth,i)""no, respondents., * - . ! . / N-0RP./,
J.12he -"eBefore this Court is a petition for review on certiorari
seeking to set asidetheResolutionsof theSandiganbayan(First
Division!"# dated"$Nove%ber"&&" and '( )ar*h "&&'
in Civil Case No+ ,,-.+ /he first Resolutiondis%issed petitioners
A%endedCo%plaint andordered thereturn of the*onfis*ated ite%s to
respondent Eli0abeth Di%aano1 while the se*ondResolution denied
petitioners )otion for Re*onsideration+ 2etitioner prays forthe
grant of the reliefs sought in its A%ended Co%plaint1 or in the
alternative1for the re%and of this *ase to the Sandiganbayan (First
Division for furtherpro*eedings allowing petitioner to *o%plete the
presentation of its eviden*e+0ntece#ent 3"ct3%%ediately upon her
assu%ption to offi*e following the su**essful EDSARevolution1 then
2resident Cora0on C+ A4uino issued E5e*utive 6rder No+ "(E6No+ "
*reating the 2residential Co%%ission on 7ood 7overn%ent(2C77+ E6
No+ " pri%arily tasked the 2C77 to re*over all ill8gotten wealthof
for%er 2resident FerdinandE+ )ar*os1 hisi%%ediatefa%ily1
relatives1subordinatesand*loseasso*iates+ E6No+
"vestedthe2C77withthepower (a to *ondu*t investigation as %ay be
ne*essary in order toa**o%plishand*arryout thepurposesof thisorder
andthepower (h topro%ulgate su*h rules and regulations as %ay be
ne*essary to *arry out thepurposeof thisorder+ A**ordingly1
the2C771 throughitsthenChair%an9ovitoR+Salonga1 *reated an AF2
Anti87raft Board(AF2 Boardtasked toinvestigate reports of
une5plained wealth and *orrupt pra*ti*es by AF2personnel1 whether
in the a*tive servi*e or retired+!'#Basedonits%andate1
theAF2Boardinvestigatedvariousreportsofalleged une5plained wealth
of respondent )a:or 7eneral 9osephus ;+ Ra%as(Ra%as+ 6n '. 9uly
"&$.1 the AF2 Board issued a Resolution on its
findingsandre*o%%endationonthereportedune5plainedwealthof Ra%as+
/herelevant part of the Resolution reads/.@ No previos in1ir+
si2i!ar to pre!i2inar+ investi7ations in cri2ina! cases was
condcted a7ainst 8a2as and Di2aano.>..@ The evidence addced
a7ainst 8a2as does not constitte a prima facie case a7ainst
hi2.>?.@ There was an i!!e7a! search and sei)re of the ite2s
confiscated.2he .ue2etitioner raises the following issues#
/he2C77gavethistasktothe AF2Boardpursuant tothe2C77spower under
Se*tion-of E6No+ "to*ondu*tinvestigation as %ay be ne*essary in
order to a**o%plish and to *arry out thepurposes of this order+ E6
No+ " gave the 2C77 spe*ifi* responsibilities1 towita@ The recover+
of a!! i!!$7otten wea!th acc2!ated -+ for2er 3resident Ferdinand E.
9arcos' his i22ediate fa2i!+' re!atives' s-ordinates andc!ose
associates' whether !ocated in the 3hi!ippines or a-road' inc!din7
the ta&eover and se1estration of a!! -siness enterprises and
entities owned or contro!!ed -+ the2' drin7 his ad2inistration'
direct!+ or thro7h no2inees' -+ ta&in7 nde advanta7e of their
p-!ic office and5 or sin7 their powers' athorit+' inf!ence'
connections or re!ationship.>-@ The investi7ation of sch cases
of 7raft and corrption as the 3resident 2a+ assi7n to the
*o22ission fro2 ti2e to ti2e.5 5 5+/he 2C771 through the AF2 Board1
*an only investigate the une5plainedwealth and *orrupt pra*ti*es of
AF2 personnel who fall under either of the two*ategories %entioned
in Se*tion ' of E6 No+ "+ /hese are< (" AF2
personnelwhohavea**u%ulatedill8gottenwealthduringthead%inistrationof
for%er2resident )ar*os by being the latters i%%ediate fa%ily1
relative1 subordinateor *lose asso*iate1 taking undue advantage of
their publi* offi*e or using theirpowers1 influen*e 5 5 5I!".# or
(' AF2 personnel involved in other *ases of graftand *orruption
provided the 2resident assigns their *ases to the
2C77+!"$#2etitioner1however1doesnot *lai%that the2resident
assignedRa%as*ase to the 2C77+ /herefore1 Ra%as *ase should fall
under the first *ategoryof AF2personnel before the 2C77*ould
e5er*ise its :urisdi*tion overhi%+ 2etitioner argues that Ra%as was
undoubtedly a subordinate of for%er2resident )ar*os be*ause of his
position as the Co%%anding 7eneral of the2hilippine Ar%y+
2etitioner *lai%s that Ra%as position enabled hi% to re*eiveorders
dire*tly fro%his *o%%ander8in8*hief1 undeniably %aking
hi%asubordinate of for%er 2resident )ar*os+Fe hold that Ra%as was
not a subordinate of for%er 2resident )ar*os inthe sense
*onte%plated under E6 No+ " and its a%end%ents+)ere position held
by a %ilitary offi*er does not auto%ati*ally %ake hi%
asubordinateasthister%isusedinE6Nos+ "1 '1 "=and"=8Aabsent ashowing
that he en:oyed *lose asso*iation with for%er 2resident)ar*os+
Migrino dis*ussed this issue in this wise1
theConstabularyraidingtea%servedat Di%aanosresiden*easear*hwarrant
*aptioned3llegal 2ossessionof Firear%sandA%%unition+ Di%aano was
not present during the raid but Di%aanos *ousinswitnessed the raid+
/he raiding tea% sei0ed the ite%s detailed in the sei0urere*eipt
together with other ite%s not in*luded in thesear*h warrant+
/heraiding tea% sei0ed these ite%s< one baby ar%alite rifle with
two %aga0inesI=, rounds of (+(> a%%unitionI one pistol1 *aliber
+=(I *o%%uni*ationse4uip%ent1 *ash *onsisting of 2'1$.,1,,, and
?SJ(,1,,,1 :ewelry1 and landtitles+2etitioner wantstheCourt
totake:udi*ial noti*ethat
theraidingtea%*ondu*tedthesear*handsei0ureon)ar*h-1
"&$>orfivedaysafterthesu**essful EDSA
revolution+!-2etitioner argues that a revolutionarygovern%ent was
operative at that ti%e by virtue of 2ro*la%ation No+
"announ*ingthat 2resident A4uinoandBi*e2resident Aaurel
weretakingpower in the na%e and by the will of the Filipino
people+!=,# 2etitioner assertsthat therevolutionarygovern%ent
effe*tivelywithheldtheoperationof the"&.- Constitution whi*h
guaranteed private respondents e5*lusionary right+)oreover1
petitioner arguesthat thee5*lusionaryright arisingfro%anillegal
sear*h applies only beginning ' February "&$.1 the date of
ratifi*ationof the"&$.Constitution+2etitioner*ontendsthat all
rightsundertheBill ofRights had already reverted to its e%bryoni*
stage at the ti%e of the sear*h+/herefore1 the govern%ent %ay
*onfis*ate the %onies and ite%s taken fro%Di%aano and use the sa%e
in eviden*e against her sin*e at the ti%e of theirsei0ure1 private
respondents did not en:oy any *onstitutional right+2etitioner is
partly right in its argu%ents+/he EDSA Revolution took pla*e on
'-8'( February "&$>+ As
su**in*tlystatedin2residentA4uinos2ro*la%ationNo+
-dated'()ar*h"&$>1 theEDSARevolutionwas doneinde!ianceo!
t&eprovisionso! t&e()*+Constitution+!="#
/heresultinggovern%ent was indisputably arevolutionarygovern%ent
bound by no *onstitution or legal li%itations e5*ept
treatyobligationsthat therevolutionarygovern%ent1 asthe dejure
govern%ent inthe 2hilippines1 assu%ed under international
law+/he*orre*t issuesare< (" whether therevolutionarygovern%ent
wasbound by the Bill of Rights of the "&.- Constitution during
the interregnu1that is1 after the a*tual and effe*tive take8over of
power by the revolutionarygovern%ent followingthe*essationof
resistan*ebyloyalist for*es upto '=)ar*h "&$> (i%%ediately
before the adoption of the 2rovisional ConstitutionIand (' whether
the prote*tion a**orded to individuals under the
3nternationalCovenant on Civil and 2oliti*al Rights (Covenant and
the ?niversalDe*larationof Cu%anRights (De*laration re%ained
ineffe*t duringtheinterregnu%+Feholdthat theBill of Rights under
the"&.-Constitutionwas notoperative during the interregnu%+
Cowever1 we rule that the prote*tiona**orded to individuals under
the Covenant and the De*laration re%ained ineffe*t during the
interregnu%+Duringtheinterregnu%1 thedire*tivesandordersof
therevolutionarygovern%ent were the supre%e law be*ause no
*onstitution li%ited the e5tentands*opeof su*hdire*tivesandorders+
Fiththeabrogationof the"&.-Constitution by the su**essful
revolution1 there was no %uni*ipal law higherthan the dire*tives
and orders of the revolutionary govern%ent+/hus1 duringthe
interregnu%1 a person *ould not invoke any e5*lusionary right under
a Billof Rights be*ause there was neither a *onstitution nor a Bill
of Rights duringthe interregnu%+ As the Court e5plained in 'etter
o! ,ssociate JusticeReynato S. Puno1!==# Arti*le HB333 of the
"&$. Constitution+ /he fra%ers of the Constitution werefully
aware that absent Se*tion '>1 se4uestration orders would not
stand thetest of due pro*ess under the Bill of Rights+/hus1 to rule
that the Bill of Rights of the "&.- Constitution re%ained
infor*e during the interregnu%1 absent a *onstitutional provision
e5*eptingse4uestration orders fro%su*h Bill of Rights1 would
*learly render allse4uestration orders void during the interregnu%+
Nevertheless1 even duringtheinterregnu% theFilipinopeople
*ontinuedto en:oy1 underthe Covenantand the De*laration1 al%ost the
sa%e rights found in the Bill of Rights of the"&.-
Constitution+/he revolutionary govern%ent1 after installing itself
as the dejure govern%ent1 assu%ed responsibility for the States
good faith *o%plian*ewith the Covenant to whi*h the 2hilippines is
a signatory+ Arti*le '(" of theCovenant re4uires ea*hsignatory
Statetorespe*t andtoensure toallindividuals within its territory
and sub:e*t to its :urisdi*tion therights!=(# re*ogni0ed in the
present Covenant+ ?nder Arti*le ".(" of theCovenant1 the
revolutionary govern%ent had the duty to insure that !n#o oneshall
be sub:e*ted to arbitrary or unlawful interferen*e with his
priva*y1 fa%ily1ho%e or *orresponden*e+/he De*laration1 to whi*h
the 2hilippines is also a signatory1 provides in itsArti*le ".('
that !n#o one shall be arbitrarily deprived of his property+
Althoughthe signatories to the De*laration did not intend it as a
legally bindingdo*u%ent1 being only a de*laration1 the Court has
interpreted the De*larationas part of the generally a**epted
prin*iples of international law and binding ontheState+!=>#
/hus1 therevolutionarygovern%ent was
alsoobligatedunderinternational law to observe the rights!=.# of
individuals under the De*laration+/herevolutionary govern%ent
didnot repudiate theCovenant or theDe*larationduringtheinterregnu%+
Fhether therevolutionarygovern%ent*ould have repudiated all its
obligations under the Covenant or theDe*laration is another %atter
and is not the issue here+ Suffi*e it to say thattheCourt
*onsiderstheDe*larationaspart of *usto%aryinternational law1and
that Filipinos as hu%an beings are proper sub:e*ts of therules
ofinternational lawlaiddownintheCovenant+ /hefa*t
istherevolutionarygovern%ent did not repudiate the Covenant or the
De*larationin the sa%eway it repudiated the "&.- Constitution+
As the de jure govern%ent1 therevolutionary govern%ent *ould not
es*ape responsibility for the States goodfaith *o%plian*e with its
treaty obligations under international law+3t was only upon the
adoption of the 2rovisional Constitution on '( )ar*h"&$>
that the dire*tives and orders of the revolutionary govern%ent
be*a%esub:e*t to a higher %uni*ipal law that1 if *ontravened1
rendered su*hdire*tives and orders void+ /he 2rovisional
Constitution adopted verbati% theBill of Rights of the "&.-
Constitution+!=$# /he 2rovisional Constitution served asa
self8li%itation by the revolutionary govern%ent toavoidabuses of
theabsolute powers entrusted to it by the
people+Duringtheinterregnu%whenno*onstitutionor Bill of
Rightse5isted1dire*tivesandordersissuedbygovern%ent
offi*erswerevalidsolongasthese offi*ers did not e5*eed the
authority granted the% by the revolutionarygovern%ent+
/hedire*tivesandordersshouldnot havealsoviolatedtheCovenant or the
De*laration+ 3n this *ase1 the revolutionary
govern%entpresu%ptively san*tioned the warrant sin*e the
revolutionary govern%ent didnot repudiateit+ /hewarrant1
issuedbya:udgeuponproper appli*ation1spe*ified the ite%s to be
sear*hed and sei0ed+ /he warrant is thus valid withrespe*t to the
ite%s spe*ifi*ally des*ribed in the warrant+Cowever1 the
Constabulary raiding tea% sei0ed ite%s not in*luded in thewarrant+
Asad%ittedbypetitionerswitnesses1 theraidingtea%*onfis*atedite%s
not in*luded in the warrant1 thus and five (( bo5es of
a%%unitionKA+ Des1 sir+AAAAD A9O8ES;+ Before you applied for a
sear*h warrant1 did you *ondu*t surveillan*e in the house of )iss
Eli0abeth Di%aanoKA+ /he 3ntelligen*e 6peratives *ondu*ted
surveillan*e together with the )S? ele%ents1 your Conor+;+ And this
party believed there were weapons deposited in the house of )iss
Eli0abeth Di%aanoKA+ Des1 your Conor+;+ And they so swore before
the )uni*ipal /rial 9udgeKA+ Des1 your Conor+;+ But they did not
%ention to you1 the appli*ant for the sear*h warrant1 any other
properties or *ontraband whi*h *ould be found in the residen*e of
)iss Eli0abeth Di%aanoKA+ /hey :ust gave us still un*onfir%ed
report about so%e hidden ite%s1 for instan*e1 the *o%%uni*ations
e4uip%ent and %oney+ Cowever1 3 did not in*lude that in the
appli*ation for sear*h warrant *onsidering that we have not
established *on*rete eviden*e about that+ So when;+ So that when
you applied for sear*h warrant1 you had reason to believe that only
weapons were in the house of )iss Eli0abeth Di%aanoKA+ Des1 your
Conor+!(,#AAA;+ Dou stated that a +=( *aliber pistol was sei0ed
along with one ar%alite rifle )8"> and how %any a%%unitionKA+
Forty1 sir+;+ And this be*a%e the sub:e*t of your *o%plaint with
the issuing Court1 with the fis*als offi*e who *harged Eli0abeth
Di%aano for 3llegal 2ossession of Firear%s and A%%unitionKA+ Des1
sir+;+ Do you know what happened to that *aseKA+ 3 think it was
dis%issed1 sir+;+ 3n the fis*als offi*eKA+ Des1 sir+;+ Be*ause the
ar%alite rifle you sei0ed1 as well as the +=( *aliber pistol had a
)e%orandu% Re*eipt in the na%e of Felino )elegrito1 is that not
*orre*tKA+ 3 think that was the reason1 sir+;+ /here were other
arti*les sei0ed whi*h were not in*luded in the sear*h warrant1like
for instan*e1 :ewelries+ Fhy did you sei0e the :ewelriesKA+ 3 think
it was the de*ision of the overall tea% leader and his assistant to
bring along also the :ewelries and other ite%s1 sir+ 3 do not
really know where it was taken but they brought along also these
arti*les+ 3 do not really know their reason for bringing the sa%e1
but 3 :ust learned that these were taken be*ause they %ight get
lost if they will :ust leave this behind+AAA;+ Cow about the %oney
sei0ed by your raiding tea%1 they were not also in*ludedin the
sear*h warrantKA+ Des sir1 but 3 believe they were also taken
*onsidering that the %oney was dis*overed to be *ontained in atta*h
*ases+ /hese atta*h *ases were suspe*ted to be *ontaining pistols
or other high powered firear%s1 but in the *ourse of the sear*h the
*ontents turned out to be %oney+ So the tea% leader also de*ided to
take this *onsidering that they believed that if they will:ust
leave the %oney behind1 it %ight get lost also+;+ /hat holds true
also with respe*t to the other arti*les that were sei0ed by your
raiding tea%1 like /ransfer Certifi*ates of /itle of landsKA+ Des1
sir+ 3 think they were *ontained in one of the vaults that were
opened+!("#3t is obvious fro% the testi%ony of Captain Sebastian
that the warrant didnot in*ludethe%onies1 *o%%uni*ationse4uip%ent1
:ewelryandlandtitlesthat theraidingtea%*onfis*ated+
/hesear*hwarrant didnot parti*ularlydes*ribetheseite%s
andtheraidingtea%*onfis*atedthe%onits ownauthority+
/heraidingtea%hadnolegal basistosei0etheseite%swithoutshowingthat
theseite%s*ouldbethesub:e*t of warrantlesssear*handsei0ure+!('#
Clearly1 the raiding tea% e5*eeded its authority when it sei0ed
theseite%s+/he sei0ure of these ite%s was therefore void1 and
unless these ite%s are*ontraband perse1!(-# andtheyarenot1 they%ust
bereturnedtothepersonfro%who%theraidingsei0edthe%+ Cowever1wedonot
de*larethat su*hperson is the lawful owner of these ite%s1 %erely
that the sear*h and sei0urewarrant *ould not be used as basis to
sei0e and withhold these ite%s fro% thepossessor+ Fe thus hold that
these ite%s should be returned i%%ediately toDi%aano+45*R*3/R*1
thepetitionfor *ertiorari is D3S)3SSED. /he4uestionedResolutions of
the Sandiganbayan dated "$ Nove%ber "&&" and '(
)ar*h"&&'inCivil CaseNo+ ,,-.1 re%andingthere*ordsof
this*asetothe6%buds%an for su*h appropriate a*tion as the eviden*e
%ay warrant1 andreferring this *ase to the Co%%issioner of the
Bureau of 3nternal Revenue foradeter%inationof anyta5liabilityof
respondent Eli0abethDi%aano1 areAFF3R)ED+!/ /R,*R*,+