ISAFP Pick Up Service

August 19, 2005

In news today, DILG Secretary Angelo Reyes could not explain the legal basis for the ISAFP raid on Segundo Tabayoyong’s room in San Mateo, Rizal.  Unless the Constitution was on a hiatus (it does have a nasty habit of doing that), the ISAFP should have secured a warrant, conducted the raid and then seized the evidence.  But he says, they didn’t seize the evidence, it was handed over to them.

Reyes said Carmela Cabuhat, owner of the house rented by Segundo Tabayoyong, had “turned over” the ERs to a police-military team, as well as a gun, assorted ammunition and campaign materials allegedly found in Tabayoyong’s room.

“We didn’t confiscate these. These were turned over to us,” Reyes said in a news conference at the CIDG-NCR headquarters in Camp Crame.

I guess Sec. Reyes completely forgot about the Constitutionally-protected right against unreasonable searches and seizure.  After all,  a cabinet member and alter ego of the President can’t be bothered by this thing we call the Bill of Rights.  It’s such a hassle to go through the process outlined in the Constitution what with everything else he has to do.

And anyway, this wasn’t a search and seizure, it was a voluntary turn over — by Carmela Cabuhat.  I don’t know about Sec. Reyes but I don’t think Tabayoyong’s landlady was authorized to waive his Constitutional rights.  I imagine only Tabayoyong could do that.  But it’s been about 15 years since I took up Constitutional Law.  Things might have changed. 

Still, one has to give credit to the police and ISAFP for making sure the evidence turn over was done right. 

So, while we’re at it, I’ve got these 40 boxes of junk in the back.  My wife’s been after me for months about it and it’s becoming an irritant on our marriage.  So, Sec. Reyes, who can I call in the ISAFP for a “turn over”? 1-800-ISAFP2GO?