Salonga v Cruz Paño, G.R. No.

L-59524, February 18, 1985

Bucol

FACTS: Jovito Salonga was charged with the violation of the Revised Anti-Subversion
Act after he was implicated, along with other 39 accused, by Victor Lovely in the series
of bombings in Metro Manila. He was tagged by Lovely in his testimony as the leader
of subversive organizations for two reasons (1) because his house was used as a contact
point; and (2) because of his remarks during the party of Raul Daza in Los Angeles.
Petitioner was arrested at the Manila Medical Center while hospitalized for bronchial
asthma.

ISSUE: Whether or not the petitioner was validly arrested.

RULING: No. Infinitely more important than conventional adherence to general rules
of criminal procedure is respect for the citizen's right to be free not only from arbitrary
arrest and punishment but also from unwarranted and vexatious prosecution. The
integrity of a democratic society is corrupted if a person is carelessly included in the trial
of around forty persons when on the very face of the record no evidence linking him
to the alleged conspiracy exists. Ex-Senator Jovito Salonga, himself a victim of the still
unresolved and heinous Plaza Miranda bombings, was arrested at the Manila Medical
Center while hospitalized for bronchial asthma. When arrested, he was not informed of
the nature of the charges against him. Neither was counsel allowed to talk to him until
this Court intervened through the issuance of an order directing that his lawyers be
permitted to visit him. Only after four months of detention was the petitioner informed
for the first time of the nature of the charges against him.