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.”
Case Digest: Rizal Alih et al vs Castro GR No L-69401
Rizal Alih et. al., vs Castro

GR No L-69401 June 23, 1987

Facts:

A group of more than 200 Philippine marines and home defense forces raided the compound occupied by the
petitioners (Rizal Alih et. al.) is search of loose firearms, ammunition and other explosives. The people inside the
compound resisted the invasion and a crossfire between the Philippine marines and the petitioner occurred, resulting in
number of casualties. The petitioners surrendered the next morning and 16 occupants were arrested, later to be finger-
printed, paraffin-tested and photographed over their objection. The military also inventoried and confiscated several
M16 rifles, M14 rifle, rifle grenades and rounds of ammunition.

Petitioner filed a petition for prohibition and mandamus with preliminary injunction and restraining order. Their purpose
was to recover the articles seized from them, to prevent these from being used as evidence against them, and to
challenge their finger-printing, photographing and paraffin-testing being violative of their right against self-
incrimination. Petitioner argued that the arms and ammunition were taken without a search warrant as required by law
under Sec. 3 of the 1973 Constitution, and it be declared inadmissible in relation to Sec 4 (2) of the 1973 Constitution.

Respondent justified their act on the ground that they were acting under superior orders and that the measures was
necessary due to the aggravation of peace and order problem in their place.

Issue:

Whether or not the confiscated items shall be considered admissible.

Whether or not the finger-printing, photographing and paraffin-test is protected by the constitutional right against self-
incrimination.

Ruling:

No, superior orders cannot countermand the Constitution. There is no excuse for the constitutional shortcuts done by
the military. Also, the aggravation of peace and order problem in their place does not excuse the non-observance of the
constitutional guaranty against unreasonable searches and seizure (Art III Sec. 2, 1973 Philippine Constitution).
The arrest does not fall also under the warrantless arrest provided for by Rule 113 Sec. 5 of the Rules of Court.
Therefore, all the firearms and ammunition taken from the raided compound are inadmissible in evidence in any
proceedings against petitioners.

With respect to the finger-printing, photographing and paraffin-testing, the acts are not covered by the protection
against self-incrimination, for it only applies to testimonial compulsion.