Petitioner
Benjamin D. Obra
Respondent
Court of Appeals
Citation
G.R. No. 120852
Court
Supreme Court
Division
Second Division
Ponente
Mendoza, J.
Decided
October 28, 1999

Summary

Government officials violated the constitutional rights of private respondents by seizing their truck without proper investigation or probable cause. BMGS Regional Director Obra, based solely on a complaint, requested military assistance to seize spouses Brett's truck allegedly used in illegal mining. The military impounded the vehicle without conducting prior investigation to determine probable cause. The courts found this violated due process and protection against unreasonable search and seizure. Under Article 32 of the Civil Code, both the BMGS director (directly responsible) and the military general (indirectly responsible) were held liable for damages. The Supreme Court emphasized that constitutional safeguards cannot be disregarded even in pursuit of legitimate government objectives.

Statutes applied

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By the Intellegal Editorial Board · October 28, 1999

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