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    People V Burgos

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    Jerico Godoy
    1) 9 respondents were charged with membership in the Communist Party of the Philippines in violation of anti-subversion laws. The trial court granted bail despite the prosecution not completing the presentation of evidence to oppose bail. 2) The prosecution argued the trial court abused its discretion by not allowing a diskette containing evidence to be presented. The trial court believed diskettes could be manipulated. 3) The Supreme Court ruled that diskettes were within the scope of the search warrant as integral parts of the computer system. It granted the petition and ordered the trial court to continue the bail hearing and allow the prosecution to present all evidence, including the diskettes.

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    People V Burgos

    Uploaded by

    Jerico Godoy
    53 views2 pages
    1) 9 respondents were charged with membership in the Communist Party of the Philippines in violation of anti-subversion laws. The trial court granted bail despite the prosecution not completing the presentation of evidence to oppose bail. 2) The prosecution argued the trial court abused its discretion by not allowing a diskette containing evidence to be presented. The trial court believed diskettes could be manipulated. 3) The Supreme Court ruled that diskettes were within the scope of the search warrant as integral parts of the computer system. It granted the petition and ordered the trial court to continue the bail hearing and allow the prosecution to present all evidence, including the diskettes.

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    People v Burgos

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    1) 9 respondents were charged with membership in the Communist Party of the Philippines in violation of anti-subversion laws. The trial court granted bail despite the prosecution not completing the presentation of evidence to oppose bail. 2) The prosecution argued the trial court abused its discretion by not allowing a diskette containing evidence to be presented. The trial court believed diskettes could be manipulated. 3) The Supreme Court ruled that diskettes were within the scope of the search warrant as integral parts of the computer system. It granted the petition and ordered the trial court to continue the bail hearing and allow the prosecution to present all evidence, including the diskettes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    53 views2 pages

    People V Burgos

    Uploaded by

    Jerico Godoy
    1) 9 respondents were charged with membership in the Communist Party of the Philippines in violation of anti-subversion laws. The trial court granted bail despite the prosecution not completing the presentation of evidence to oppose bail. 2) The prosecution argued the trial court abused its discretion by not allowing a diskette containing evidence to be presented. The trial court believed diskettes could be manipulated. 3) The Supreme Court ruled that diskettes were within the scope of the search warrant as integral parts of the computer system. It granted the petition and ordered the trial court to continue the bail hearing and allow the prosecution to present all evidence, including the diskettes.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    PEOPLE OF THE PHILIPPINES, petitioner, vs. HON.

    JOSE BURGOS, as Presiding Judge of the Regional


    Trial Court of Cebu, Branch 17, SIEGFRED DEDURO y DELFIN alias "Raul Delfin y Zerrudo, Tomas
    Magtanggol, Vic, Mar". EDWIN LOPEZ DE OCAMPO alias "Gerardo Santos", ABUNDIO AMANTE alias
    "Ilyong, Milyo", CYNTHIA AGUIRRE y DEDURO alias "Myra, Mara, Myla, Mareth, Budec, Lina",
    FEDERICO GUANZON alias "Alvin, Al, Ben", THELMA DIANALA GUANZON alias "Alma Arro, Maya",
    CATALINA PERAS alias "Liling", FR. LEONARDO SISON y DARUNDAY alias "Rey Martin" and AUXILIUM
    TOLING OLAYER alias "Ma. Consuelo Valente y Itchon, Maring", respondents.
    (GR #92739 – August 02, 1991)

    Facts of the Case:


    1) 9 respondents were charged in a non-bailable offense in violation of Republic Act 1700 (An Act to
    Outlaw Communist Party of the Philippines and Similar Associations, Penalizing Membership Therein
    and For Other Purposes). The private respondents filed a petition for bail and it was granted by the
    trial court and fixed its bail to P30,000 at the when the prosecution had not yet completed to
    present their evidences to oppose such giving of bail. One of the evidences perhaps that has been
    disbarred to be presented was the diskette that contain the evidences. Hence, a petition for
    certiorari was filed on the ground of grave abuse of discretion amounting to lack or excess of
    jurisdiction.
    2) The respondent judge argued that the said diskette cannot be presented as evidence as he believed
    that it is prejudicial to the right of the accused because diskettes could be manipulated. The
    respondents argued that diskettes was not part of the search warrant to be seized of as shall be
    presented to the case.

    Issues:
    1) Whether or not the accused has the right to bail

    Ruling:

    The mere fact that the diskettes had been in the possession of the prosecution does not necessarily
    imply that it had altered or tampered with the evidence to suit its prosecutorial objectives. Indeed, the
    presumption that official duty has been regularly performed prevails, in the absence of any evidence to
    the contrary.

    The search warrant states:

    You are, therefore, hereby commanded to make immediate search at any time of the day or
    night of Rm. 31 of the third floor of said building where the persons or suspects above-
    named are presently occupying and to seize and to take possession of the following
    properties used or intended to be used as the means of committing violation of RA 1700
    and/or Art. 142 of the Revised Penal Code:

    Incendiary or subversive documents, pamphlets; books, computer print-outs and subversive


    materials, and computer machine used imprinting seditious or subversive literature.
    (Emphasis supplied)

    The phrase "computer machine used in printing seditious or subversive literature" is appropriately
    regarded as necessarily including diskettes into which data is encoded and stored, such as those
    seized in the present case on the same occasion the computer itself was seized, for indeed a
    computer system cannot store and print out any data without diskettes. Technically and realistically
    speaking, diskettes are deemed integral parts of a computer system, the diskettes constituting one
    of the "input-output devices" or "peripherals," in the same manner that the keyboard is an "input-
    output device" and the monitor, keyboard and printer are "peripherals" in relation to the memory or
    central processing unit (CPU) of a computer system

    Decision:
    ACCORDINGLY, the Court Resolved to GRANT the Petition for certiorari and to SET ASIDE and
    ANNUL the Order dated 5 April 1990. Respondent Judge is hereby ORDERED forthwith to continue
    hearing the motions for bail and to allow the prosecution to finish presenting its evidence.
    Respondent Judge is also ORDERED to cause the re-arrest of the five (5) private respondents
    previously ordered released in the 5 April 1990 Order.

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