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The Right Against Unreasonable Searches & Seizures:: A Basic Guide
The Right Against Unreasonable Searches & Seizures:: A Basic Guide
The Right Against Unreasonable Searches & Seizures:: A Basic Guide
SEC 3. x x x
GUIDE OUTLINE
Atty. Alexis F. Medina. AB Political Science, University of the Philippines (UP), Diliman; Order of
the Purple Feather (OPF), UP, College of Law; Valedictorian, San Sebastian College, Manila,
Institute of Law; Senior Associate, Ponce Enrile Reyes & Manlastas Law Offices (Pecabar)
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I.
The search or seizure violates the prohibition under Section 2, Article III
of the 1987 Constitution, if it is:
2. unreasonable
was originally applied to First Amendment rights (freedom of speeh, religion, association, assembly) and
Fourteenth Amendment rights (due process and equal protection).
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The constitutional guarantee is not a blanket prohibition against all searches and
seizures as it operates only against unreasonable searches and seizures. Searches and
seizures are as a rule unreasonable unless authorized by a validly issued search warrant
or warrant of arrest. 7 Reasonableness is the touchstone of the validity of a
government search or intrusion. 8
5 People v. Bangcarawan, 384 SCRA 525, 11 July 2002; People v. Marti, 193 SCRA 57, 18 January 1991;
see also People v. Hipol, 407 SCRA 179, 22 July 2003)
6 See People v. Marti 18, 193 SCRA 57 January 1991; People v. Mendoza, 301 SCRA 66, 18 January 1999;
Burdeau v. McDowell (256 US 465 (1921), State v. Bryan (457 P.2d 661 [1968]; Walker v. State (429
S.W.2d 121), Bernas v. US (373 F.2d 517)
7 People v. Libnao, 395 SCRA 407, 20 January 2003
8 Social Justice Society v. Dangerous Drugs Board, 570 SCRA 411, 03 November 2008
9 People v. Chua Ho San, 17 June 1999
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II.
III.
No arrest, search and seizure can be made without a valid warrant issued by a
competent judicial authority. The Constitution guarantees the right of the people to be
People v. Valdez, 345 SCRA 357, 25 September 2000; People v. Tudtud, 482 SCRA 142, 26 September 2003;
Pita v. Court of Appeals, 178 SCRA 362,05 October 1989; People v. Chua Ho San, 308 scra 432, 17 June
1999; People v. Barros, 231 SCRA 557, 565
13 David v. Macapagal-Arroyo 489 SCRA 162, 03 May 2006
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secure in their persons, houses, papers and effects against unreasonable searches and
seizures. 14
If the search warrant is null and void, the searches and seizures made therein
are illegal.16
The search warrant must strictly comply with the requirements of the
Constitution and the statutory provisions. Failure to comply with any requirement
mandated by law for the issuance of a search warrant renders such search warrant
invalid, the subsequent search unlawful, and evidence obtained therefrom inadmissible.
17
If the search warrant is null and void, the searches and seizures made therein
are illegal.18
February 1971
17 See People v. Mamaril 22, 420 SCRA 662, January 2004; PICOP v. Asuncion, 307 SCRA 253, 19 May 1999;
See also Asian Surety v. Herrera, 54 SCRA 312, 20 December 1973; Alvarez v. CFI Tayabas, 64 Phil 33, 29
January 1937; Burgos v. Chief of Staff, 133 SCRA 800, December 1984
18 See Stonehill v. Diokno, 20 SCRA 383, 19 June 1967; Bache and Co., (Phil.) Inc. v. Ruiz, 37
SCRA 823, 27 February 1971
19
Section 2, Article III, 1987 Constitution; Hon Ne Chan v. Honda Motor, 541 SCRA 249, 19
December 2007
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Search warrant does not justify search & seizure of any evidence
A search warrant is not a sweeping authority for a fishing expedition to
seize and confiscate any and all kinds of evidence or articles relating to a
crime. Nothing should be left to the discretion of the officer executing the
warrant. 24
24(Unilab. Isip, 461 SCRA 575, 28 June 2005; People v. Francisco, 387 SCRA 569, 22 August 2002)
25Bache and Co., (Phil.) Inc. v. Ruiz, 37 SCRA 823, 27 February 1971; Columbia pictures versus court of
Appeals, 262 SCRA 219, 20 September 1996; Uy v. BIR, 345 SCRA 36, 20 October 2000)
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GENERAL RULE:
(5) search when the accused himself waives his right against unreasonable
searches and seizures (consented search);
In People v. Agulay 28, the Supreme Court enumerated other instances of valid
warrantless searches, specifically:
In People v. Johnston, the Supreme Court also held valid a warrantless search
pursuant to routine airport security procedure, which is authorized under Section
9 of Republic Act No. 6235. 29
Purpose of search
A person lawfully arrested may be searched for dangerous weapons or anything
which may have been used or constitute proof in the commission of an offense without a
search warrant. 30
28 26 September 2008
29 People v. Johnston 348 SCRA 526; People v. Macalaba 20 January 2003
30 Section 12, Rule 126 of the Revised Rules of Criminal Procedure; People v. Che Chun Ting, 328 SCRA 592,
21 March 2000
31 People v. Binad Sy Chua, 396 SCRA 657, 04 February 2003; People v. Molina, 352 SCRA 174, 19 February
2001
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Should be limited to the area within which the person to be arrested can reach
for a weapon or for evidence that he or she can destroy. 33
As to Subject
As to subject, the search must only be with respect to the person of the suspect,
and things that may be seized from him are limited to "dangerous weapons" or "anything
which may be used as proof of the commission of the offense." 34
As to Time
The search must be contemporaneous with the lawful arrest. The search must be
conducted at about the time of the arrest or immediately thereafter and only at the place
where the suspect was arrested, or the premises or surroundings under his immediate
control. 36
32 Valeroso v. Court of Appeals, 3 September 2009, G.R. No. 16481; People v. Cubcubin, 360 SCRA 690, 10 July
2001
33 People v. Estella, 395 SCRA 553, 21 January 2003
34 People v. Che Chun Ting, 328 SCRA 592, 21 March 2000
35 Valeroso v. Court of Appeals, 3 September 2009, G.R. No. 16481; People v. Estella, 395 SCRA 553, 21 January
2003
36 People v. Che Chun Ting, 328 SCRA 592, 21 March 2000
37 Caballes v. Court of Appeals, 15 January 2002
38 People v. Libnao, 325 SCRA 407, 20 January 2003
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Enforcers of customs and tariff laws are authorized to effect searches, seizures,
and arrests, and to make seizure, among others, of any cargo, articles or other movable
property when the same may be subject to forfeiture or liable for any fine imposed under
customs and tariff laws. They could lawfully open and examine any box, trunk, envelope
or other container wherever found when he had reasonable cause to suspect the
presence therein of dutiable articles introduced into the Philippines contrary to law; and
likewise to stop, search and examine any vehicle, beast or person reasonably
suspected of holding or conveying such articles.
Based on Section 2203 of the Tariff and Customs Code, except in the case of the
search of a dwelling house, persons exercising police authority under the customs law
may effect search and seizure without a search warrant in the enforcement of customs
laws. 43 (emphases supplied)
Under the plain view doctrine, objects failing in plain view of an officer who has a
right to be in that position to have that view are subject to seizure even without a search
warrant and may be introduced in evidence. 44
Meaning of inadvertence
The officer must not have known in advance of the location of the evidence and
intend to seize it. Discovery is not anticipated. 48
(5) Search when the accused himself waives his right against
unreasonable searches and seizures (consented search)
The right against unreasonable searches and seizures is a personal right which
may be waived expressly or impliedly. 49
44 Abelita v. Doria, 14 August 2009; People v. Doria, 301 SCRA 668,22 January 1999; People v. Lagman,
573 SCRA 225, 08 December 2008
45 People v. Nuevas, 576 SCRA 463; 22 February 2007; People v. Compacion, 361 SCRA 540, 20 July 2001
46 Unilab v. Isip, 461 SCRA 575, 28 June 2005
47 Unilab v. Isip, 461 SCRA 575, 28 June 2005
48 Unilab v. Isip, 461 SCRA 575, 28 June 2005
49 People v. Cubcubin, 360 SCRA 690, 10 July 2001
50 People v. Nuevas 22 February 2007, 576 SCRA 463
51People v. Nuevas, 576 SCRA 463, 22 February 2007
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Scope
Limited protective search of outer clothing for weapons. 55
In People v. De Gracia (233 SCRA 716, [1994]), there were intelligence reports
that the building was being used as headquarters by the RAM during a coup detat. A
surveillance team was fired at by a group of armed men coming out of the building and
the occupants of said building refused to open the door despite repeated
requests. There were large quantities of explosives and ammunitions inside the
building. Nearby courts were closed and general chaos and disorder prevailed. The
existing circumstances sufficiently showed that a crime was being committed. In short,
there was probable cause to effect a warrantless search of the building. 58
52 People v. Nuevas, 576 SCRA 463, 22 February 2007; People v. Comnpacion, 361 SCRA 540, 20 July 2009
53 People v. Burgos, 144 SCRA 1; People v. Compacion, 361 SCRA 540, 20 July 2001
54 People v. Burgos 144 SCRA 1, 1986; People v. Compacion, 361 SCRA 540, 20 July 2001; People v. Aruta
December 1997
56 People v. Binad Sy Chua, 396 SCRA 657, 04 February 2003; Malacat v. People, 283 SCRA 159, 12
December 1997
57 People v. Binad Sy Chua, 396 SCRA 657, 04 February 2003; Malacat v. People, 283 SCRA 159, 12
December 1997
58 also cited in People v. Aruta, 288 SCRA 626, 03 April 1998
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Probable cause:
The basic requirement in all warrantless searches
In People v Aruta 3 April 1998, the Supreme Court declared that the essential
requisite of probable cause must still be satisfied before a warrantless search and
seizure can be lawfully conducted. In searches and seizures effected without a warrant,
it is necessary for probable cause to be present.
IV.
59Sections 2, and 3 [2], Art. III, 1987 Constitution; People v. Nuevas, 576 SCRA 463, 22 February 2007;
See also People v. Che Chun Ting, 328 SCRA 592, 21 March 2000; People v. Sarap, 399 SCRA 503, 26
March 2003; People v. Bangcarawan, 384 SCRA 525, 11 July 2002
60See People v. Sarap, 399 SCRA 503, 26 March 2003; People v. Francisco, 387 SCRA 592, 22 August 2002;
People v. Valdez, 341 SCRA 253, 25 September 2000; People v. Asis, 391 SCRA 108, 15 October 2002
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should not be used to gain other evidence because the originally illegally
obtained evidence taints all evidence subsequently obtained.61
(c) cannot be used to justify a subsequent warrantless
arrest. 62
Seized items that are products of an illegal search, and are not
contraband per se, nor objects in connection with the offense, should be
returned to the person from whom the same were taken. 69
61
People v. Alicando 321 Phil 656, 12 December 1995; People v. Domantay 307 SCRA 1, 09 May 1999;
People v. Conde, 356 SCRA 415, 10 April 2001
62 See People v. Sarap, 399 SCRA 503, 26 March 2003
63See People v. Che Chun Ting, 328 SCRA 592, 21 March 2000 and People v. Rondero, 320 SCRA 383, 09
December 1999
64 21 March 2000
SCRA 800, 26 December 1984; Nala v. Barroso, 408 SCRA 529, 07 August 2003
69 See Nala v. Barroso 07 August 2003
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