Scribd Logo
Upload

Welcome to Scribd!

  • 54 views

    Case Digest of Moncado V People 80 Phil 25

    Uploaded by

    Lord Jester Aguirre
    Hilario Moncado was accused of treason and arrested without a warrant. His wife later refused to allow members of the Counterintelligence Corp to search their home without a warrant. During the search, various documents were seized and Lieutenant Olves informed the wife that some of the documents would prove her husband's guilt. Moncado filed a motion asking for the return of the illegally obtained documents. The Supreme Court ruled the documents were admissible as evidence, following the precedent set in Wolf V. Colorado that illegally obtained evidence is admissible if it does not violate evidentiary rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Case Digest of Moncado V People 80 Phil 25

    Uploaded by

    Lord Jester Aguirre
    54 views1 page
    Hilario Moncado was accused of treason and arrested without a warrant. His wife later refused to allow members of the Counterintelligence Corp to search their home without a warrant. During the search, various documents were seized and Lieutenant Olves informed the wife that some of the documents would prove her husband's guilt. Moncado filed a motion asking for the return of the illegally obtained documents. The Supreme Court ruled the documents were admissible as evidence, following the precedent set in Wolf V. Colorado that illegally obtained evidence is admissible if it does not violate evidentiary rules.

    Original Description:

    Case digest of Moncado v People 80 Phil 25

    Original Title

    Case digest of Moncado v People 80 Phil 25

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Hilario Moncado was accused of treason and arrested without a warrant. His wife later refused to allow members of the Counterintelligence Corp to search their home without a warrant. During the search, various documents were seized and Lieutenant Olves informed the wife that some of the documents would prove her husband's guilt. Moncado filed a motion asking for the return of the illegally obtained documents. The Supreme Court ruled the documents were admissible as evidence, following the precedent set in Wolf V. Colorado that illegally obtained evidence is admissible if it does not violate evidentiary rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    54 views1 page

    Case Digest of Moncado V People 80 Phil 25

    Uploaded by

    Lord Jester Aguirre
    Hilario Moncado was accused of treason and arrested without a warrant. His wife later refused to allow members of the Counterintelligence Corp to search their home without a warrant. During the search, various documents were seized and Lieutenant Olves informed the wife that some of the documents would prove her husband's guilt. Moncado filed a motion asking for the return of the illegally obtained documents. The Supreme Court ruled the documents were admissible as evidence, following the precedent set in Wolf V. Colorado that illegally obtained evidence is admissible if it does not violate evidentiary rules.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Moncado v People

    80 Phil 25
    PABLO, J

    Facts:

     Hilario Moncado was accused of the crime of treason in the People's Court. He was arrested by members
    of the United States Army at his residence in manila with no arrest warrant.
     A week later his wife was invited by several CIC (Counterintelligence Corp) members under the command
    of Lieutenant Olves to witness the registration of his house on Calle San Rafael.
     The wife refuses to follow because they did not carry a commandment of record the CIC
    (Counterintelligence Corp) ensured that even without their presence they had to do registration anyway.
     Upon her arrival in the house various effects were scattered on the ground among which several
    documents
     Lieutenant Olves informed her that he carried with her some documents to prove her husband's guilt;
     The appellant filed a motion with the People's Court asking for the return of such documents on the
    grounds that they were obtained from their residence without a warrant for registration
     After making an inventory of their belongings at San Rafael, Mrs. Moncado found the important
    documents and correspondence missing.

    Issue:

    Whether or not the documents obtain illegally is admissible as evidence in court

    Ruling:

    Yes it is admissible. The Supreme Court, following the U.S. case of Wolf V. Colorado, rules that evidence
    illegally obtained is not necessarily excluded if is otherwise admissible under the rules of evidence in such
    case, the evidence admitted, without prejudice to any criminal, civil or administrative liability of the
    officer who illegally seized it. In other words, the admissibility of the evidence is not effected by the
    illegality of the means by which it was acquired.

    The evidence illegally seized is still admissible as long as it is not excluded by the rules of court, on the
    theory that the criminal should not be allowed to go free merely because “the constable has been
    blundered”.

    You might also like