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CRUZ, J.:
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1 Rollo, p. 81.
2 Ibid., pp. 81–82.
3 Id., p. 82.
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8 id.
9 id.
10 4 Wall. 2.
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they were guilty, they would not have been any less
entitled to the protection of the Constitution, which covers
both the innocent and the guilty. This is not to say, of
course, that the Constitution coddles criminals. What it
does simply signify is that, lacking the shield of innocence,
the guilty need the armor of the Constitution, to protect
them, not from a deserved sentence, but from arbitrary
punishment. Every person is entitled to due process. It is
no exaggeration that the basest criminal, ranged against
the rest of the people who would condemn him outright, is
still, under the Bill of Rights, a majority of one.
If the respondents did not actually disdain the
Constitution when they made their illegal raid, they
certainly gave every appearance of doing so. This is truly
regrettable for it was incumbent on them, especially during
those tense and tindery times, to encourage rather than
undermine respect for the law, which it was their duty to
uphold.
In acting as they did, they also defied the precept that
“civilian authority is at all times supreme over the 11
military” so clearly proclaimed in the 1973 Constitution.
In the instant case, the respondents simply by-passed the
civil courts, which had the authority to determine whether
or not there was probable cause to search the petitioner’s
premises. Instead, they proceeded to make the raid without
a search warrant on their own unauthorized determination
of the petitioner’s guilt.
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“It may be frail; its roof may shake; the wind may enter; the rain
may enter. But the King of England may not enter. All the forces
of the Crown dare not cross the threshold of the ruined
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tenement.”
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12 Annexes “E”, “E-1”, “E-2”, “E-3”, “E-4”, “E-5”, “E-6”, “E7”, “E-8”, and
“E-9”.
13 U.S. v. Arceo, 3 Phil. 381.
14 144 SCRA 1.
15 Silverthorne Lumber Co. v. U.S., 251 U.S. 385.
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