HARVEY VS SANTIAGO

IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF: ANDREW HARVEY, JOHN SHERMAN and ADRIAAN VAN DEL ELSHOUT vs. HONORABLE COMMISSIONER MIRIAM DEFENSOR SANTIAGO, COMMISSION ON IMMIGRATION AND DEPORTATION

G.R. No. 82544          June 28, 1988

Facts:

            Petitioners were among the 22 suspected alien pedophiles who were apprehended after three months close surveillance by the Commission on Immigration and Deportation (CID)       agents in Pagsanjan Laguna. Two days after apprehension 17 opted for self deportation, one released for lack of evidenced, one was charged by another offense, working without a valid working visa. Thus, three was left to face the deportation proceedings.

            Seized during petitioners apprehension were rolls of photo negatives and photos of the suspected child prostitute shown in salacious poses as well as boys and girls engaged in the sexual act. There were also posters and other literatures advertising the child prostitution.

            Warrant of arrest was issued by respondent against petitioners for violation of Sec. 37, 45 and 46 of the Immigration act and sec. 69 of the revised administrative Code.

Issue:

            Whether or not the Philippines immigration act clothed the commissioner with any authority to arrest and detained petitioner pending determination of the existence of a probable cause

Ruling:

            The Supreme Court held that there can be no question that the right against unreasonable search and seizure is available to all persons, including aliens, whether accused of a crime or not.

            One of the constitutional requirement of a valid search warrant or warrant of arrest is that it must be based upon probable cause.

            The arrest of petitioners was based on probable cause determined after close surveillance for three (3) months during which period their activities were monitored. The existence of probable cause justified the arrest and the seizure of the photo negatives, photographs and posters without warrant. Those articles were seized as an incident to a lawful arrest and, are therefore, admissible in evidence.

            But even assuming arguendo that the arrest of petitioners was not valid at its inception, the records show that formal deportation charges have been filed against them, as undesirable aliens.

            That petitioners were not "caught in the act" does not make their arrest illegal. Petitioners were found with young boys in their respective rooms, the ones with John Sherman being naked. Under those circumstances the CID agents had reasonable grounds to believe that petitioners had committed "pedophilia" defined as "psychosexual perversion involving children"