CASE DIGEST: ALIH VS.

CASTRO
Alih vs. Castro
151 SCRA 279
June 23, 1987
Facts:
Respondents who were members of the Philippine marine and defense forces raided the compound
occupied by petitioner in search of loose firearms, ammunitions and explosives. A shoot-out
ensued after petitioners resisted the intrusion by the respondents, killing a number of men. The
following morning, the petitioners were arrested and subjected to finger printing, paraffin
testing and photographing despite their objection. Several kinds of rifle, grenades and
ammunitions were also confiscated.
The petitioners filed an injunction suit with a prayer to have the items illegally seized returned to
them and invoked the provisions on the Bill of Rights
The respondents admitted that the operation was done without a warrant but reasoned that they
were acting under superior orders and that operation was necessary because of the aggravation of
the peace and order problem due to the assassination of the city mayor.
Issue:
Whether or not the seizing of the items and the taking of the fingerprints and photographs of the
petitioners and subjecting them to paraffin testing are violative of the bill of Rights and are
inadmissible as evidence against them.
Held:
The court held that superior orders nor the suspicion that the respondents had against petitioners
did not excuse the former from observing the guaranty provided for by the constitution against
unreasonable searches and seizure. The petitioners were entitled to due process and should be
protected from the arbitrary actions of those tasked to execute the law. Furthermore, there was no
showing that the operation was urgent nor was there any showing of the petitioners as criminals or
fugitives of justice to merit approval by virtue of Rule 113, Section 5 of the Rules of Court.
The items seized, having been the fruits of the poisonous tree were held inadmissible as
evidence in any proceedings against the petitioners. The operation by the respondents was done
without a warrant and so the items seized during said operation should not be acknowledged in
court as evidence. But said evidence should remain in the custody of the law (custodia egis).
However, as to the issue on finger-printing, photographing and paraffin-testing as violative of the
provision against self-incrimination, the court held that the prohibition against self-incrimination
applies to testimonial compulsion only. As Justice Holmes put it in Holt v. United States, 18
The prohibition of compelling a man in a criminal court to be a witness against himself is a
prohibition of the use of physical or moral compulsion to extort communications from him, not an

exclusion of his body as evidence when it may be material.