G.R. No. 120852 October 28, 1999
BENJAMIN D. OBRA and BRIG. GEN. TOMAS DUMPIT, petitioners, vs. COURT OF APPEALS, SPOUSES JAMES BRETT and JUNE PRILL BRETT, respondents.

FACTS

Petitioner Benjamin D. Obra, Regional Director of the Bureau of Mines and Geo-Sciences (BMGS) in Baguio City, received a letter dated June 26, 1985, from Jeannette M. Grybos complaining that private respondents, spouses James Brett and June Prill Brett, were conducting illegal mining activities on a property belonging to the Gillies family in Palasa-an, Mankayan, Benguet. On the same day, Obra wrote petitioner Brig. Gen. Tomas Dumpit, Commanding General of the Regional Unified Command I of the Philippine Constabulary, requesting assistance in apprehending a truck allegedly used by the Bretts to transport illegally mined ores. On June 27, 1985, Obra wrote the Bretts and Grybos to inform them that an ocular inspection and field investigation would be conducted from July 2-5, 1985. Copies of these letters were furnished to Dumpit with a request for assistance. Obra also sent a letter to the Provincial Commander of Benguet requesting that the Bretts’ mining operations be stopped momentarily. On July 1, 1985, before the scheduled investigation, military elements under Dumpit’s command seized and impounded an Isuzu “ELF” truck (ABX-587) belonging to the Bretts as it entered the mining area. The Bretts filed a complaint for injunction and damages, alleging the seizure violated their constitutional rights. The trial court issued a temporary restraining order and later a writ of preliminary injunction. After trial, the court awarded damages to the Bretts, a decision affirmed by the Court of Appeals.

ISSUE

Whether petitioners Benjamin D. Obra and Brig. Gen. Tomas Dumpit are liable for damages under Article 32 of the Civil Code for ordering and effecting the seizure of private respondents’ truck without first conducting an investigation to determine probable cause.

RULING

Yes, the petitioners are liable. The Supreme Court affirmed the decision of the Court of Appeals. Petitioner Obra invoked P.D. No. 1281, which authorizes the seizure of equipment used in illegal mining and the deputization of law enforcement agencies. However, the Court found that Obra ordered the seizure based solely on Grybos’ complaint and an alleged, but unproven, certification that the Bretts had no mining permit, without first conducting any investigation to determine the existence of probable cause. His own letters indicated an investigation was scheduled for July 2-5, 1985, yet the seizure occurred on July 1, 1985. Petitioner Dumpit, in endorsing Obra’s request for implementation, cannot evade liability by claiming he performed a mere ministerial duty. The seizure deprived the Bretts of their property without due process. Under Article 32 of the Civil Code, which provides a remedy for violations of constitutional rights, petitioners are liable for damages. The award of P100,000.00 for the constitutional violation and P10,000.00 for attorney’s fees was upheld. The petition was dismissed.