ALIH vs CASTRO

151 SCRA 228

June 23, 1987

FACTS: On November 25, 1984, a contingent of more than 200 Philippine marines and elements of the
home defense forces raided the compound occupied by the petitioners in search for loose firearms,
ammunition, and other explosives. Such raid resulted in a burst of gunfire which then led to petitioners’
arrest.
Petitioners in the present case invoked that respondent by-passed the constitution by conducting
a warrantless search. Respondent, on the other hand, contended that he acted under superior orders.

ISSUE: Whether or not the respondent’s invocation of acting under superior orders violate the Supremacy
of the Constitution.

HELD: Superior orders cannot countermand the Constitution. The fact that the petitioners were suspected
of the Climaco killing did not excuse the constitutional short-cuts the respondents took.