Lopez v.

Commissioner of Customs
[No. L-27968] [December 3, 1975] [Fernando, J]
[Art 3 - Sec. 2] Created by: Galicia
Petitioners Respondents
Jose Lopez and Tom Velasco Commissioner of Customs, Collector of Customs of
Davao, Chairman of the ASAC, Acting director,
National Bureau of Investigation, City Fiscal of
Davao, Senior NBI Agent of Davao, Earl Reynolds,
and others.
Recit Ready Summary
Tomas Velasco and Jose Lopez entered into a contract regarding shipments using M/V motor vessel Jolo Lema (Jolo Lema is
the name of the vessel don’t be confused). The vessel was subject to another case regarding seizure of its contents (1408
sacks of copra, 86 sacks of coffee). On the same day when the vessel was searched, the hotel room occupied by Velasco
was also searched for documents regarding the vessel. A lawyer and a lieutenant went to the hotel to conduct a warrantless
search but Velasco was not there, however, Teofila Ibanez (manicurist) was present at the room and the officers, thinking that
she was the wife, asked permission to search to which the manicurist agreed. The manicurist even handed out the needed
documents, issued written statements where she claimed to be mrs. Velasco and voluntarily allowing officers to search
and have custody of their properties, and also surrendered a .45 caliber pistol. The petitioner is now challenging such
search as he claims that it is unlawful because there was no waiver of right that occurred.

Court disagrees with petitioner. Right granted to be secure against unreasonable search and seizure is personal and can only
be waived by the party whose rights have been impaired. In this case, the court rules that considering the circumstances, the
act of the officers in proceeding with their search under the pretense that the wife of the petitioner gave them consent- is the
most prudent course of action (for the manicurist) and the officers cannot be blamed if they acted on appearances. Court
concluded that there was consent sufficient in law to dispense with the need for a search warrant.

(*note, father Bernas hints that this may be a stray decision since waiver should be personal)

Facts of the Case

Tomas Velasco and Jose Lopez entered into a contract regarding shipments using M/V motor vessel Jolo Lema (Jolo Lema is
the name of the vessel don’t be confused). The vessel was subject to another case regarding seizure of its contents (1408
sacks of copra, 86 sacks of coffee). On the same day when the vessel was searched, the hotel room occupied by Velasco
was also searched for documents regarding the vessel. A lawyer and a lieutenant went to the hotel to conduct a warrantless
search but Velasco was not there, however, Teofila Ibanez (manicurist) was present at the room and the officers, thinking that
she was the wife, asked permission to search to which the manicurist agreed. The manicurist even handed out the needed
documents, issued written statements where she claimed to be mrs. Velasco and voluntarily allowing officers to search
and have custody of their properties, and also surrendered a .45 caliber pistol. Petitioner in defense, presented affidavit of
his wife.

The petitioner is now challenging such search as he claims that it is unlawful because there was no waiver of right that
occurred.

Issues Ruling
1. Whether or not the warrantless search was valid as a form of consented search Yes
Rationale/Analysis/Legal Basis
Court finds valid waiver of the right. The court said that under the circumstances, it was the most prudent course of action by
the manicurist (para hindi siya ma accuse as kabit and sinful!... and of course to save her and Velasco from any gossip or
innuendo. GIven such, the officers cannot be blamed for acting on appearances.

Bernas: this decision may be a bit off, just remember that since the right is a personal one then waiver must be given by
person himself or one who has authority to execute waiver for him.
Disposition
Dismissed