Beruflich Dokumente
Kultur Dokumente
Sandiganbayan
Based on its mandate, the AFP Board investigated various reports of the
alleged unexplained wealth of respondent Major General Josephus Q.
Ramas (“Ramas”). Later, the AFP Board issued a Resolution on its findings
and recommendation on the reported unexplained wealth of Ramas.
Thus, on 1 August 1987, the PCGG filed a petition for forfeiture under
Republic Act No. 1379 (“RA No. 1379”) against Ramas. The complaint was
amended to include Elizabeth Dimaano, the alleged mistress of Ramas, as
a co-defendant.
Petitioner wants the Court to take judicial notice that the raiding team
conducted the search and seizure “on March 3, 1986, or five days after the
successful EDSA revolution.” Petitioner argues that a revolutionary
government was operative at that time by virtue of Proclamation No. 1
announcing that President Aquino and Vice President Laurel were “taking
power in the name and by the will of the Filipino people.” Petitioner asserts
that the revolutionary government effectively withheld the operation of the
1973 Constitution which guaranteed private respondents’ exclusionary
right.
ISSUE(S) Whether or not the respondents may invoke any exclusionary right under
the Bill of Rights of 1973 Constitution?
RULING(S) No, they may not invoke any exclusionary right under the Bill of Rights of
The 1973 Constitution for the court held that it was not operative during
the interregnum. Because to hold that the Bill of Rights under the 1973
Constitution remained operative during the interregnum would render void
all sequestration orders issued by the Philippine Commission on Good
Government (“PCGG”) before the adoption of the Freedom Constitution.
The sequestration orders, which direct the freezing and even the take-over
of private property by mere executive issuance without judicial action,
would violate the due process and search and seizure clauses of the Bill of
Rights.
However, the court ruled that the protection accorded to individuals under
the Covenant and the Declaration remained in effect during the
interregnum.