PHILIPPINES VS SANDIGANBAYAN

International law in the absence of a Constitution

Issue: Was the seizure of the Php 2,870,000 and USD 50,000 found in the home of
Elizabeth Dimaano illegal?

Facts:
- On February 25, 1986, the residence of Elizabeth Dimaano received four attache
cases filled with money and owned by MGen Ramas
- On March 3, 1986, the AFP Board conducted a raid at the house of Elizabeth
Dimaano where the following items were confiscated:
o Military equipment (i.e. guns & ammunition)
o Communications equipment
o PHP 2,870,000
o USD 50,000
- The AFP only specified the military equipment (guns & ammunition) in its search
and seizure warrant of Dimaano’s home
- Dimaano and MGen. Ramas were in a relationship, with Ramas coming home to
Dimaano, and Dimaano showing affection to Ramas
- Dimaano used to work as a secretary and as such, she had no means of acquiring
the Php 2,870,000 and USD 50,000 on her own
- The Php 2,870,000 and USD 50,000 were never declared on Ramas’ Statement of
Assets and Liabilities
- Upon the review of Ramas’ Statement of Assets and Liabilities, it was found that
he had Php 104,134.60 worth of unexplained wealth

Held: Yes, the seizure of the Php 2,870,000 and USD 50,000 found in Dimaano’s home
was illegal

Ratio:
- As it had repealed the 1973 Constitution (including its Bill of Rights), the
revolutionary government was not bound by any Constitution, except treaty
obligations under international law, from February 25, 1986 to March 24, 1986
- As of Article 17(1) of the International Covenant on Civil and Political Rights, “no
one shall be subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence”
- Article 17(2) of the Universal Declaration of Human Rights says that “no one shall
be arbitrarily deprived of his property”
- On Treaty Obligations Under International Law. As signatories to the
International Covenant on Civil and Political Rights, and the Universal Declaration
of Human Rights, the Philippines was obliged to act in accordance to the
provisions of these two documents
- On the Covenant and the Declaration. The AFP Board should have only searched
 for and seized items that were stated in its judicially-issued warrant
- As mentioned earlier, the said warrant specified that the AFP Board was only to
search for and seize military equipment such as guns and ammunition
- Therefore, the communications equipment, Php 2,870,000 and USD 50,000 were
illegally seized, and should be returned to Dimaano