CrimPro 12 - Rule126 Sec13 Valmonte vs De Villa

CrimPro 12 - Rule126 Sec13 Valmonte vs De Villa - VOL 178...

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10/5/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 178 1/11 VOL. 178, SEPTEMBER 29, 1989 211 Valmonte vs. De Villa G.R. No. 83988. September 29, 1989. * RICARDO C. VALMONTE AND UNION OF LAWYERS AND ADVOCATES FOR PEOPLE’S RIGHTS (ULAP), petitioners, vs. GEN. RENATO DE VILLA AND NATIONAL CAPITAL REGION DISTRICT COMMAND, respondents. Constitutional Law; Search and Seizure; Checkpoints; The constitutional right against unreasonable searches and seizures is a personal right invocable only by those whose rights have been infringed or threatened to be infringed. —No proof has been presented before the Court to show that, in the course of their routine checks, the military indeed committed specific violations of petitioners’ right against unlawful search and seizure or other rights. In a case filed by the same petitioner organization, Union of Lawyers and Advocates for People’s Right (ULAP) vs. Integrated National Police, it was held that individual petitioners who do not allege that any of their rights were violated are not qualified to bring the action, as real parties in interest. The constitutional right against unreasonable searches and seizures is a personal right invocable only by those whose rights have been infringed, or threatened to be infringed. What constitutes a reasonable or unreasonale search and seizure in any particular case is purely a judicial question, determinable from a consideration of the circumstances involved. Petitioner Valmonte’s general allegation to the effect that he had been stopped and searched without a search warrant by the military manning the checkpoints, without more, i.e., without stating the details of the incidents which amount to a violation of his right against unlawful search and seizure, is not sufficient to enable the Court to determine whether there was a violation of Valmonte’s right against unlawful search and seizure. Same; Same; Same; Same; Reasonableness of a search to be determined according to the facts of each case, not by any fixed formula. Not all searches and seizures are prohibited. —Not all searches and seizures are prohibited. Those which are reasonable
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10/5/2016 SUPREME COURT REPORTS ANNOTATED VOLUME 178 2/11 are not forbidden. A reasonable search is not to be determined by any fixed formula but is to be resolved according to the facts of each case. Where, for example, the officer merely draws aside the curtain of a vacant vehicle which is parked on the public fair grounds, or simply looks into a vehicle, or flashes a light therein, these do not constitute unreasonable search. _______________ * EN BANC. 212 212 SUPREME COURT REPORTS ANNOTATED Valmonte vs. De Villa Same; Same; Between the inherent right of the state to protect its existence, and promote public welfare, and an individual’s right against warrantless search which was reasonably conducted, the former should prevail. —The setting up of the questioned
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  • Fall '16
  • Law School
  • Fourth Amendment to the United States Constitution, De Villa

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