PEOPLE vs.

De Gracia/ 233 SCRA 716

Dayle Martin D. Manlod

FACTS

The incidents took place at the height of the coup d’etat staged bu ultra-
rightiest elements headed by the Reform the Armed forces Movemnt-Soldiers of the
Filipino People (RAM-SFP) against the Government. Rolando de Gracia was
apprehended by the military operatives, holding a C-4 in the building of Eurocar
Office during the raid. No search warrant was secured by the raiding team because,
according to them, at the time there was so much disorder considering that the neardy
Cmp Aguinaldo was being mopped upby the rebel forces and there was simultaneous
firing within the vicinity of Eurocar office and that the courts were consequently
closed.

ISSUE

Whether the military operatives made a valid search and seizure during the height of
the coup d’etat.

RULING:

Yes.The raid of, and the consequent seizure of firearms and ammunition in,
the Eurocar Sales Office at the height of coup d’etat was held valid, considering the
exigent and emergency situation obtaining. The military operatives had reasonable
ground to believe that a crime was being committed, and they had no opportunity to
apply for a search warrant from the courts because the latter were closed. Under such
urgency and exigency, a search warrant could be validly dispensed with"
.