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IN MATTER OF PETITION FOR HABEAS CORPUS OF ROBERTO UMIL v. FIDEL V. RAMOS

This case has been cited 4 times or more.

2014-11-10
BRION, J.
The organic laws of the Philippines, specifically, the Philippine Bill of 1902[19] and the 1935,[20] 1973[21] and 1987[22] Constitutions all protect the right of the people to be secure in their persons against unreasonable searches and seizures. Arrest falls under the term "seizure."[23]
2014-11-10
BRION, J.
This constitutional mandate is identical with the Fourth Amendment of the Constitution of the United States. The Fourth Amendment traces its origins to the writings of Sir Edward Coke[24] and The Great Charter of the Liberties of England (Magna Carta Libertatum), sealed under oath by King John on the bank of the River Thames near Windsor, England on June 15, 1215.[25] The Magna Carta Libertatum limited the King of England's powers and required the Crown to proclaim certain liberties[26] under the feudal vassals' threat of civil war.[27] The declarations in Chapter 29 of the Magna Carta Libertatum later became the foundational component of the Fourth Amendment of the United States Constitution.[28] It provides: No freeman shall be taken, or imprisoned, or be disseised[29] of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land, We will sell to no man, we will not deny or defer to any man either Justice or Right.[30] [Emphasis supplied]
2009-08-14
CARPIO, J.
Personal knowledge of facts must be based on probable cause, which means an actual belief or reasonable grounds of suspicion.[6] The grounds of suspicion are reasonable when, in the absence of actual belief of the arresting officers, the suspicion that the person to be arrested is probably guilty of committing the offense is based on actual facts, i.e., supported by circumstances sufficiently strong in themselves to create the probable cause of guilt of the person to be arrested.[7] A reasonable suspicion, therefore, must be founded on probable cause, coupled with good faith on the part of the peace officers making the arrest.[8]