GUAZON V. DE VILLA G.R. No.

80508 January 30, 1990

FACTS:

This is a petition for prohibition with preliminary injunction to prohibit the military and
police officers represented by public respondents from conducting "Areal Target
Zonings" or "Saturation Drives" in Metro Manila.

The 41 petitioners alleged that the "saturation drive" or "areal target zoning" that were
conducted in their place (Tondo Manila) were unconstitutional.

The alleged acts committed during the raid are the following:

1. Petitioners alleged that there is no specific target house to search and that there is
no search warrant or warrant of arrest served.

2. Most of the policemen are in their civilian clothes and without nameplates or
identification cards.

3. The residents were rudely roused from their sleep by banging on the walls and
windows of their houses.

4. The residents were at the point of high-powered guns and herded like cows.

5. Men were ordered to strip down to their briefs for the police to examine their tattoo
marks.

6. The residents complained that they're homes were ransacked, tossing their
belongings and destroying their valuables. Some of their money and valuables had
disappeared after the operation.

7. The residents also reported incidents of maulings, spot-beatings, and maltreatment.

Those who were detained also suffered mental and physical torture to extract
confessions and tactical information.
The respondents said that such accusations mentioned above were total lies.

Respondents contends that the Constitution grants to the government the power to
seek and cripple subversive movements for the maintenance of peace in the state.

The aerial target zoning was intended to flush out subversives and criminal elements
coddled by the communities were the said drives were conducted.

Respondents averred that they have intelligently and carefully planned months ahead
for the actual operation and that local and foreign media joined the operation to
witness and record such event.

ISSUE:

WON the areal target zoning and the saturation drive is legal

HELD:

YES. The conduct of areal target zoning or saturation drive is a valid exercise of the
military powers of the President.

According to the Supreme Court, everything stated before them consists only of
allegations. According to petitioners, more than 3,407 persons were arrested in the
saturation drives covered by the petition.

No estimates are given for the drives in Block 34, Dagat-dagatan, Navotas; Apelo
Cruz Compound, Pasig; and Sun Valley Drive near the Manila International Airport
area.

Not one of the several thousand persons treated in the illegal and inhuman manner
described by the petitioners appears as a petitioner or has come before a trial court to
present the kind of evidence admissible in courts of justice.
Moreover, there must have been tens of thousands of nearby residents who were
inconvenienced in addition to the several thousand allegedly arrested. None of those
arrested has apparently been charged and none of those affected has apparently
complained.

The areal target zonings in this petition were intended to flush out subversives and
criminal elements particularly because of the blatant assassinations of public officers
and police officials by elements supposedly coddled by the communities where the
"drives" were conducted.

Moreover, there is nothing in the Constitution which denies the authority of the Chief
Executive, to order police actions to stop unabated criminality, rising lawlessness, and
alarming communist activities.

Where there is large scale mutiny or actual rebellion, the police or military may go in
force to the combat areas, enter affected residences or buildings, round up suspected
rebels and otherwise quell the mutiny or rebellion without having to secure search
warrants and without violating the Bill of Rights.

The Constitution grants the Government the power to seek and cripple subversive
movements which would bring down constituted authority and substitute a regime
where individual liberties are suppressed as a matter of policy in the name of security
of the State.