Professional Documents
Culture Documents
GR L-82544
Petitioners: Andrew Harvey, John Sherman, and Adriaan Van Del Elshout
Respondent: Miriam Defensor-Santiago, Commission on Immigration and Deportation
June 28, 1988
Summary by First Year Leon
Facts
o
o
They are being charged with pedophilia, and are facing deportation
Respondent violated Sec 2 of the Bill of Rights, since CID agents had no
valid warrants of arrest, search and seizure
They also allege that it is not a crime to be a pedo (not punishable by any
Phil law)
PETITION DENIED, RESPONDENT ACTS UPHELD
Held
Ratio
o Rules of Crim Procedure arrest with warrant may be done
These articles were incident to a lawful arrest (i.e, andun lang sila when the
arrest was made) and thus are admissible as evidence
o Even if we assume that the arrest was invalid (remember, this is a petition for
habeas corpus)
Naging moot and academic na ang habeas corpus, because they were
already charged with violation of a law (immigration act and admin code)
Habeas corpus is not granted when the confinement becomes legal, even if
it was originally illegal
o That the petitioners were not caught in the act does not make their arrest
illegal.
They were caught with young boys in their respective rooms, in one case,
they were naked.
FACTS
Nature of the Case: Petition for Habeas Corpus
Petitioners in this case are three old foreigners
o Andrew Harvey, American, 52
o John Sherman, American, 72
o Adriaan Van Den Elshout, Dutch, 58.
This case stems from the apprehension of these three from their respective residences at
Pagsanjan, Laguna by agents of the Commission on Immigration and Deportation (CID) by
virtue of Mission orders issued by Miriam.
o The Three are currently detained at the CID Detention Center.
There were actually originally 22 pedophiles
o 17 left the country
o One was released for lack of evidence
o Another was charged not for being a pedophile, but for working without a valid
working visa.
o So out of the original 22, only these three have chosen to face deportation.
During the apprehension, the team found rolls of photo negatives, and actual photos of
suspected child prostitutes in provocative poses, as well as photos of boys and girls having
sex.
o There were also posters and other literature advertising these child prostitutes.
According to the Operation Reports, the Three Pedos were found in compromising positions
o Sherman was found with two naked boys inside his room.
o Harvey was found with two young boys.
o Van Den Elshout was found with two children, aged 14 and 16, who had been
living-in with him for quite some time.
On 4 March 1988, Deportation Proceedings were instituted against the three for being
Undesirable Aliens under Sec. 69 of the Revised Administrative Code.
o This office charges the [three pedophiles] as undesirable aliens, in that: they,
being pedophiles, are inimical to public morals, public health[,] and public safety as
provided in Section 69 of the Revised Admin Code.
On 7 March, Warrants of Arrest were issued against the Three Pedos, for violation of the
Immigration Act and Sec. 69 of the Revised Admin Code.
On 14 March, The Three filed an Urgent Petition for Release Under Bond alleging that their
health was being seriously affected by their continuous detention.
o Miriam ordered CID doctor to examine petitioners.
o CID Doctor said they were healthy.
On 22 March, Petitioners filed a Petition for Bail Miriam denied, considering that they were
healthy.
o To avoid congestion, Miriam ordered that the three be transferred to Fort Bonifacio,
but the transfer was deferred pending trial.
On 4 April, Harvey stated that he had finally agreed to a self-deportation, and prayed that
he be provisionally released for at least 15 days and placed under the custody of Atty.
Asinas, before he departed the country.
o The Board of Special Inquiry, on April 7, allowed a provisional release of five days
under certain conditions
However, this case was already filed. Labo.
ISSUES
Anyway, the Pedos question the validity of their detention on the following
grounds:
o There is no Provision in the Phil. Immigration act, nor under Sec. 69 of the RAC,
which clothes Miriam, as Commissioner of the CID, with any authority to arrest and
detain petitioners pending determination of the existence of probable cause
leading to an administrative investigation.
o Miriam violated Sec. 2, Article III of the 1987 Constitution prohibiting
unreasonable searches and seizures, since the CID agents were not
clothed with valid warrants of arrest, search and seizure, as required by
the said provision.
o Mere confidential information made to the CID agents and their suspicion of
Petitioners activities that they were pedophiles, along with their association with
other suspected pedophiles, are not valid legal grounds for their arrest and
detention unless they are caught in the act.
In this case, the arrest of the Three was based on probable cause.
o Determined after close surveillance for three months, during which period their
activities were monitored.
o This existence of probable cause justified the arrest and seizure of the photos and
other stuff without warrant.
Under those circumstances, the CID had reasonable grounds to believe that the
three pedos had actually committed pedophilia psychosexual perversion
inveolving children.
Paraphilia (unusual sexual activity) where children are the preferred sexual
object.
While not a crime under the RPC, it is behavior offensive to public morals
and violative of the declared policy of the State to protect the youth
The requirement of probable cause being determined by a judge does not extend to
deportation proceedings.
o In this case, probable cause had already been shown to exist before the warrants
were issued.
o What is essential is that there should be a specific charge against the alien
intended to be arrested and deported, and that a fair hearing be conducted.
Miriams denial of the release on bail was in order.
o In deportation proceedings, the right to bail is not a matter of right but a matter of
discretion on the part of the CCID.
o Sec. 37(e) of the Immigration Act: Any alien under arrest in a deportation
proceeding may be released under bond orother conditions as may be imposed
by the [CCID].