EN BANC[G.R. No. 104768. July 21, 2003]Republic of the Philippine, petitioner, vs. !"n#i$"nb"y"n, %"&o'Gene'"l Joephu (. R")" "n# *li+"beth,i)""no, respondents., * - . ! . / N-0RP./, J.12he -"eBefore this Court is a petition for review on certiorari seeking to set asidetheResolutionsof theSandiganbayan(First Division!"# dated"$Nove%ber"&&" and '( )ar*h "&&' in Civil Case No+ ,,-.+ /he first Resolutiondis%issed petitioners A%endedCo%plaint andordered thereturn of the*onfis*ated ite%s to respondent Eli0abeth Di%aano1 while the se*ondResolution denied petitioners )otion for Re*onsideration+ 2etitioner prays forthe grant of the reliefs sought in its A%ended Co%plaint1 or in the alternative1for the re%and of this *ase to the Sandiganbayan (First Division for furtherpro*eedings allowing petitioner to *o%plete the presentation of its eviden*e+0ntece#ent 3"ct3%%ediately upon her assu%ption to offi*e following the su**essful EDSARevolution1 then 2resident Cora0on C+ A4uino issued E5e*utive 6rder No+ "(E6No+ " *reating the 2residential Co%%ission on 7ood 7overn%ent(2C77+ E6 No+ " pri%arily tasked the 2C77 to re*over all ill8gotten wealthof for%er 2resident FerdinandE+ )ar*os1 hisi%%ediatefa%ily1 relatives1subordinatesand*loseasso*iates+ E6No+ "vestedthe2C77withthepower (a to *ondu*t investigation as %ay be ne*essary in order toa**o%plishand*arryout thepurposesof thisorder andthepower (h topro%ulgate su*h rules and regulations as %ay be ne*essary to *arry out thepurposeof thisorder+ A**ordingly1 the2C771 throughitsthenChair%an9ovitoR+Salonga1 *reated an AF2 Anti87raft Board(AF2 Boardtasked toinvestigate reports of une5plained wealth and *orrupt pra*ti*es by AF2personnel1 whether in the a*tive servi*e or retired+!'#Basedonits%andate1 theAF2Boardinvestigatedvariousreportsofalleged une5plained wealth of respondent )a:or 7eneral 9osephus ;+ Ra%as(Ra%as+ 6n '. 9uly "&$.1 the AF2 Board issued a Resolution on its findingsandre*o%%endationonthereportedune5plainedwealthof Ra%as+ /herelevant part of the Resolution reads/.@ No previos in1ir+ si2i!ar to pre!i2inar+ investi7ations in cri2ina! cases was condcted a7ainst 8a2as and Di2aano.>..@ The evidence addced a7ainst 8a2as does not constitte a prima facie case a7ainst hi2.>?.@ There was an i!!e7a! search and sei)re of the ite2s confiscated.2he .ue2etitioner raises the following issues# /he2C77gavethistasktothe AF2Boardpursuant tothe2C77spower under Se*tion-of E6No+ "to*ondu*tinvestigation as %ay be ne*essary in order to a**o%plish and to *arry out thepurposes of this order+ E6 No+ " gave the 2C77 spe*ifi* responsibilities1 towita@ The recover+ of a!! i!!$7otten wea!th acc2!ated -+ for2er 3resident Ferdinand E. 9arcos' his i22ediate fa2i!+' re!atives' s-ordinates andc!ose associates' whether !ocated in the 3hi!ippines or a-road' inc!din7 the ta&eover and se1estration of a!! -siness enterprises and entities owned or contro!!ed -+ the2' drin7 his ad2inistration' direct!+ or thro7h no2inees' -+ ta&in7 nde advanta7e of their p-!ic office and5 or sin7 their powers' athorit+' inf!ence' connections or re!ationship.>-@ The investi7ation of sch cases of 7raft and corrption as the 3resident 2a+ assi7n to the *o22ission fro2 ti2e to ti2e.5 5 5+/he 2C771 through the AF2 Board1 *an only investigate the une5plainedwealth and *orrupt pra*ti*es of AF2 personnel who fall under either of the two*ategories %entioned in Se*tion ' of E6 No+ "+ /hese are< (" AF2 personnelwhohavea**u%ulatedill8gottenwealthduringthead%inistrationof for%er2resident )ar*os by being the latters i%%ediate fa%ily1 relative1 subordinateor *lose asso*iate1 taking undue advantage of their publi* offi*e or using theirpowers1 influen*e 5 5 5I!".# or (' AF2 personnel involved in other *ases of graftand *orruption provided the 2resident assigns their *ases to the 2C77+!"$#2etitioner1however1doesnot *lai%that the2resident assignedRa%as*ase to the 2C77+ /herefore1 Ra%as *ase should fall under the first *ategoryof AF2personnel before the 2C77*ould e5er*ise its :urisdi*tion overhi%+ 2etitioner argues that Ra%as was undoubtedly a subordinate of for%er2resident )ar*os be*ause of his position as the Co%%anding 7eneral of the2hilippine Ar%y+ 2etitioner *lai%s that Ra%as position enabled hi% to re*eiveorders dire*tly fro%his *o%%ander8in8*hief1 undeniably %aking hi%asubordinate of for%er 2resident )ar*os+Fe hold that Ra%as was not a subordinate of for%er 2resident )ar*os inthe sense *onte%plated under E6 No+ " and its a%end%ents+)ere position held by a %ilitary offi*er does not auto%ati*ally %ake hi% asubordinateasthister%isusedinE6Nos+ "1 '1 "=and"=8Aabsent ashowing that he en:oyed *lose asso*iation with for%er 2resident)ar*os+ Migrino dis*ussed this issue in this wise1 theConstabularyraidingtea%servedat Di%aanosresiden*easear*hwarrant *aptioned3llegal 2ossessionof Firear%sandA%%unition+ Di%aano was not present during the raid but Di%aanos *ousinswitnessed the raid+ /he raiding tea% sei0ed the ite%s detailed in the sei0urere*eipt together with other ite%s not in*luded in thesear*h warrant+ /heraiding tea% sei0ed these ite%s< one baby ar%alite rifle with two %aga0inesI=, rounds of (+(> a%%unitionI one pistol1 *aliber +=(I *o%%uni*ationse4uip%ent1 *ash *onsisting of 2'1$.,1,,, and ?SJ(,1,,,1 :ewelry1 and landtitles+2etitioner wantstheCourt totake:udi*ial noti*ethat theraidingtea%*ondu*tedthesear*handsei0ureon)ar*h-1 "&$>orfivedaysafterthesu**essful EDSA revolution+!-2etitioner argues that a revolutionarygovern%ent was operative at that ti%e by virtue of 2ro*la%ation No+ "announ*ingthat 2resident A4uinoandBi*e2resident Aaurel weretakingpower in the na%e and by the will of the Filipino people+!=,# 2etitioner assertsthat therevolutionarygovern%ent effe*tivelywithheldtheoperationof the"&.- Constitution whi*h guaranteed private respondents e5*lusionary right+)oreover1 petitioner arguesthat thee5*lusionaryright arisingfro%anillegal sear*h applies only beginning ' February "&$.1 the date of ratifi*ationof the"&$.Constitution+2etitioner*ontendsthat all rightsundertheBill ofRights had already reverted to its e%bryoni* stage at the ti%e of the sear*h+/herefore1 the govern%ent %ay *onfis*ate the %onies and ite%s taken fro%Di%aano and use the sa%e in eviden*e against her sin*e at the ti%e of theirsei0ure1 private respondents did not en:oy any *onstitutional right+2etitioner is partly right in its argu%ents+/he EDSA Revolution took pla*e on '-8'( February "&$>+ As su**in*tlystatedin2residentA4uinos2ro*la%ationNo+ -dated'()ar*h"&$>1 theEDSARevolutionwas doneinde!ianceo! t&eprovisionso! t&e()*+Constitution+!="# /heresultinggovern%ent was indisputably arevolutionarygovern%ent bound by no *onstitution or legal li%itations e5*ept treatyobligationsthat therevolutionarygovern%ent1 asthe dejure govern%ent inthe 2hilippines1 assu%ed under international law+/he*orre*t issuesare< (" whether therevolutionarygovern%ent wasbound by the Bill of Rights of the "&.- Constitution during the interregnu1that is1 after the a*tual and effe*tive take8over of power by the revolutionarygovern%ent followingthe*essationof resistan*ebyloyalist for*es upto '=)ar*h "&$> (i%%ediately before the adoption of the 2rovisional ConstitutionIand (' whether the prote*tion a**orded to individuals under the 3nternationalCovenant on Civil and 2oliti*al Rights (Covenant and the ?niversalDe*larationof Cu%anRights (De*laration re%ained ineffe*t duringtheinterregnu%+Feholdthat theBill of Rights under the"&.-Constitutionwas notoperative during the interregnu%+ Cowever1 we rule that the prote*tiona**orded to individuals under the Covenant and the De*laration re%ained ineffe*t during the interregnu%+Duringtheinterregnu%1 thedire*tivesandordersof therevolutionarygovern%ent were the supre%e law be*ause no *onstitution li%ited the e5tentands*opeof su*hdire*tivesandorders+ Fiththeabrogationof the"&.-Constitution by the su**essful revolution1 there was no %uni*ipal law higherthan the dire*tives and orders of the revolutionary govern%ent+/hus1 duringthe interregnu%1 a person *ould not invoke any e5*lusionary right under a Billof Rights be*ause there was neither a *onstitution nor a Bill of Rights duringthe interregnu%+ As the Court e5plained in 'etter o! ,ssociate JusticeReynato S. Puno1!==# Arti*le HB333 of the "&$. Constitution+ /he fra%ers of the Constitution werefully aware that absent Se*tion '>1 se4uestration orders would not stand thetest of due pro*ess under the Bill of Rights+/hus1 to rule that the Bill of Rights of the "&.- Constitution re%ained infor*e during the interregnu%1 absent a *onstitutional provision e5*eptingse4uestration orders fro%su*h Bill of Rights1 would *learly render allse4uestration orders void during the interregnu%+ Nevertheless1 even duringtheinterregnu% theFilipinopeople *ontinuedto en:oy1 underthe Covenantand the De*laration1 al%ost the sa%e rights found in the Bill of Rights of the"&.- Constitution+/he revolutionary govern%ent1 after installing itself as the dejure govern%ent1 assu%ed responsibility for the States good faith *o%plian*ewith the Covenant to whi*h the 2hilippines is a signatory+ Arti*le '(" of theCovenant re4uires ea*hsignatory Statetorespe*t andtoensure toallindividuals within its territory and sub:e*t to its :urisdi*tion therights!=(# re*ogni0ed in the present Covenant+ ?nder Arti*le ".(" of theCovenant1 the revolutionary govern%ent had the duty to insure that !n#o oneshall be sub:e*ted to arbitrary or unlawful interferen*e with his priva*y1 fa%ily1ho%e or *orresponden*e+/he De*laration1 to whi*h the 2hilippines is also a signatory1 provides in itsArti*le ".(' that !n#o one shall be arbitrarily deprived of his property+ Althoughthe signatories to the De*laration did not intend it as a legally bindingdo*u%ent1 being only a de*laration1 the Court has interpreted the De*larationas part of the generally a**epted prin*iples of international law and binding ontheState+!=># /hus1 therevolutionarygovern%ent was alsoobligatedunderinternational law to observe the rights!=.# of individuals under the De*laration+/herevolutionary govern%ent didnot repudiate theCovenant or theDe*larationduringtheinterregnu%+ Fhether therevolutionarygovern%ent*ould have repudiated all its obligations under the Covenant or theDe*laration is another %atter and is not the issue here+ Suffi*e it to say thattheCourt *onsiderstheDe*larationaspart of *usto%aryinternational law1and that Filipinos as hu%an beings are proper sub:e*ts of therules ofinternational lawlaiddownintheCovenant+ /hefa*t istherevolutionarygovern%ent did not repudiate the Covenant or the De*larationin the sa%eway it repudiated the "&.- Constitution+ As the de jure govern%ent1 therevolutionary govern%ent *ould not es*ape responsibility for the States goodfaith *o%plian*e with its treaty obligations under international law+3t was only upon the adoption of the 2rovisional Constitution on '( )ar*h"&$> that the dire*tives and orders of the revolutionary govern%ent be*a%esub:e*t to a higher %uni*ipal law that1 if *ontravened1 rendered su*hdire*tives and orders void+ /he 2rovisional Constitution adopted verbati% theBill of Rights of the "&.- Constitution+!=$# /he 2rovisional Constitution served asa self8li%itation by the revolutionary govern%ent toavoidabuses of theabsolute powers entrusted to it by the people+Duringtheinterregnu%whenno*onstitutionor Bill of Rightse5isted1dire*tivesandordersissuedbygovern%ent offi*erswerevalidsolongasthese offi*ers did not e5*eed the authority granted the% by the revolutionarygovern%ent+ /hedire*tivesandordersshouldnot havealsoviolatedtheCovenant or the De*laration+ 3n this *ase1 the revolutionary govern%entpresu%ptively san*tioned the warrant sin*e the revolutionary govern%ent didnot repudiateit+ /hewarrant1 issuedbya:udgeuponproper appli*ation1spe*ified the ite%s to be sear*hed and sei0ed+ /he warrant is thus valid withrespe*t to the ite%s spe*ifi*ally des*ribed in the warrant+Cowever1 the Constabulary raiding tea% sei0ed ite%s not in*luded in thewarrant+ Asad%ittedbypetitionerswitnesses1 theraidingtea%*onfis*atedite%s not in*luded in the warrant1 thus and five (( bo5es of a%%unitionKA+ Des1 sir+AAAAD A9O8ES;+ Before you applied for a sear*h warrant1 did you *ondu*t surveillan*e in the house of )iss Eli0abeth Di%aanoKA+ /he 3ntelligen*e 6peratives *ondu*ted surveillan*e together with the )S? ele%ents1 your Conor+;+ And this party believed there were weapons deposited in the house of )iss Eli0abeth Di%aanoKA+ Des1 your Conor+;+ And they so swore before the )uni*ipal /rial 9udgeKA+ Des1 your Conor+;+ But they did not %ention to you1 the appli*ant for the sear*h warrant1 any other properties or *ontraband whi*h *ould be found in the residen*e of )iss Eli0abeth Di%aanoKA+ /hey :ust gave us still un*onfir%ed report about so%e hidden ite%s1 for instan*e1 the *o%%uni*ations e4uip%ent and %oney+ Cowever1 3 did not in*lude that in the appli*ation for sear*h warrant *onsidering that we have not established *on*rete eviden*e about that+ So when;+ So that when you applied for sear*h warrant1 you had reason to believe that only weapons were in the house of )iss Eli0abeth Di%aanoKA+ Des1 your Conor+!(,#AAA;+ Dou stated that a +=( *aliber pistol was sei0ed along with one ar%alite rifle )8"> and how %any a%%unitionKA+ Forty1 sir+;+ And this be*a%e the sub:e*t of your *o%plaint with the issuing Court1 with the fis*als offi*e who *harged Eli0abeth Di%aano for 3llegal 2ossession of Firear%s and A%%unitionKA+ Des1 sir+;+ Do you know what happened to that *aseKA+ 3 think it was dis%issed1 sir+;+ 3n the fis*als offi*eKA+ Des1 sir+;+ Be*ause the ar%alite rifle you sei0ed1 as well as the +=( *aliber pistol had a )e%orandu% Re*eipt in the na%e of Felino )elegrito1 is that not *orre*tKA+ 3 think that was the reason1 sir+;+ /here were other arti*les sei0ed whi*h were not in*luded in the sear*h warrant1like for instan*e1 :ewelries+ Fhy did you sei0e the :ewelriesKA+ 3 think it was the de*ision of the overall tea% leader and his assistant to bring along also the :ewelries and other ite%s1 sir+ 3 do not really know where it was taken but they brought along also these arti*les+ 3 do not really know their reason for bringing the sa%e1 but 3 :ust learned that these were taken be*ause they %ight get lost if they will :ust leave this behind+AAA;+ Cow about the %oney sei0ed by your raiding tea%1 they were not also in*ludedin the sear*h warrantKA+ Des sir1 but 3 believe they were also taken *onsidering that the %oney was dis*overed to be *ontained in atta*h *ases+ /hese atta*h *ases were suspe*ted to be *ontaining pistols or other high powered firear%s1 but in the *ourse of the sear*h the *ontents turned out to be %oney+ So the tea% leader also de*ided to take this *onsidering that they believed that if they will:ust leave the %oney behind1 it %ight get lost also+;+ /hat holds true also with respe*t to the other arti*les that were sei0ed by your raiding tea%1 like /ransfer Certifi*ates of /itle of landsKA+ Des1 sir+ 3 think they were *ontained in one of the vaults that were opened+!("#3t is obvious fro% the testi%ony of Captain Sebastian that the warrant didnot in*ludethe%onies1 *o%%uni*ationse4uip%ent1 :ewelryandlandtitlesthat theraidingtea%*onfis*ated+ /hesear*hwarrant didnot parti*ularlydes*ribetheseite%s andtheraidingtea%*onfis*atedthe%onits ownauthority+ /heraidingtea%hadnolegal basistosei0etheseite%swithoutshowingthat theseite%s*ouldbethesub:e*t of warrantlesssear*handsei0ure+!('# Clearly1 the raiding tea% e5*eeded its authority when it sei0ed theseite%s+/he sei0ure of these ite%s was therefore void1 and unless these ite%s are*ontraband perse1!(-# andtheyarenot1 they%ust bereturnedtothepersonfro%who%theraidingsei0edthe%+ Cowever1wedonot de*larethat su*hperson is the lawful owner of these ite%s1 %erely that the sear*h and sei0urewarrant *ould not be used as basis to sei0e and withhold these ite%s fro% thepossessor+ Fe thus hold that these ite%s should be returned i%%ediately toDi%aano+45*R*3/R*1 thepetitionfor *ertiorari is D3S)3SSED. /he4uestionedResolutions of the Sandiganbayan dated "$ Nove%ber "&&" and '( )ar*h"&&'inCivil CaseNo+ ,,-.1 re%andingthere*ordsof this*asetothe6%buds%an for su*h appropriate a*tion as the eviden*e %ay warrant1 andreferring this *ase to the Co%%issioner of the Bureau of 3nternal Revenue foradeter%inationof anyta5liabilityof respondent Eli0abethDi%aano1 areAFF3R)ED+!/ /R,*R*,+