#128 MONCADO V PEOPLES COURT

G.R. No. L-824 January 14, 1948

HILARIO CAMINO MONCADO, recurrente, vs. EL TRIBUNAL DEL PUEBLO Y JUAN M. LADAW,
como Procurador Especial, recurridos.

Nature: Original Petition by Certiorari

Facts: Prosecutor Ladaw filed an information against petitioner accusing him of Treason,
before the People’s Court on February 28, 1946. But prior to such, or on April 4, 1945,
petitioner had been arrested by the Counter Intelligence Corps of the United States Army in
his residence in Manila, without any warrant of arrest. He was then taken to the Bilibid Prison
in Muntinglupa.

On April 11, 1945, petitioner’s wife, who was then staying in their house in Quezon City, was
approached by CIC Officers. She was ordered to accompany the latter to their house in Manila
as a witness as they take documents and things belonging to petitioner. She originally refused
after finding that they had no search warrant, to which the CIC Officers responded that with or
without her, they would proceed with their search. Thus, she accompanied them.

Upon arrival, Mrs. Moncado noticed that their belongings had been ransacked by said officers.
Lt. Olives, head of CIC, informed Mrs. Moncado that they were taking the bundle of
documents and things since they proved her husband’s guilt. No receipt was issued to her
either.

Issue: May illegally seized evidence be admissible in court?

Ruling: The application is denied with costs.

Ratio: There is the constitutional guaranty for the right of a person to the safety of their
persons, dwelling, papers, and effects against unlawful searches and seizures. However, in the
instant case, the Supreme Court ruled that evidence illegally obtained is not necessarily
inadmissible.

Citing the US case of Wolf vs. Colorado, if the rules of evidence permit, such may be admitted
without prejudice to any criminal, civil or administrative liability against the erring officer.
Furthermore, it is admissible long as it is not excluded by the Rules of Court on the theory that
a criminal should not be allowed to go freely merely because “the constable has blundered”.