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People Vs Alfredo Fernandez
People Vs Alfredo Fernandez
appellant had no license to carry the said shotgun. He was arrested and taken to the
police headquarters.
ISSUE: Whether or not the seized item from the accused are admissible.
RULING: Yes. The rule that searches and seizures must be supported by a valid
warrant is not absolute. Jurisprudence recognizes five (5) generally accepted
exceptions to the warrant requirement. They are: (1) search incidental to a lawful
arrest, (2) search of moving vehicles, (3) seizure in plain view, (4) customs
searches, and (5) when the accused himself waives his right against unreasonable
search and seizure.
The evidence reveals that on June 28, 1988, Pat. Pamintuan, Pat. Alonzo, and Pat.
Golifardo cordoned the house where accused-appellant sought refuge at Sitio
Abanico. They were not armed with a warrant of arrest. Without any protest,
however, accused-appellant came out of the house and gave himself up to the
police officers. The owner of the house then turned over his luggage to said police
authorities. With the acquiescence of accused-appellant, his suitcase was searched
and it yielded the subject firearm and ammunition. He then signed and
acknowledged a Receipt certifying that one homemade shotgun with one (1) live
ammunition and one (1) empty shell was confiscated from him.
Under this special circumstance, it cannot be held that accused-appellant was
subjected to a search which may be stigmatized as a violation of his constitutional
right against unreasonable search and seizure. He waived his constitutional right
against unreasonable search and seizure by his acquiescence. In the recent case
of People vs. Felimon Ramos, we ruled, viz:
When one voluntarily submits to a search or consents to have it made
of his person or premises, he is precluded from later complaining
thereof (Cooley, Constitutional Limitations, 8th ed., vol. I, page 631.)
The right to be secure from unreasonable search may, like every right,
be waived and such waiver may be made either expressly or impliedly.
And, the product of such a lawful search is admissible in evidence.