C A S E S I N C O N S T I T U T I O N A L L A W II 1

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

vs.
SANTIAGO EVARISTO and NOLI CARILLO, accused-appellants.
G.R. No. 93828 – December 11, 1992

Facts
While conducting a routine patrol, Sgt. Eladio Romeroso and his companions heard successive
gunshots. They immediately proceeded to the source of the gunshot, and found Barequiel Rosillo
who was firing a gun into the air. Upon seeing the persons of authority, Rosillo ran towards the
house of Santiago Evaristo. Sgt. Romeroso and his companions chanced upon Noli Carillo and
Evaristo who was standing outside Evaristo’s house, and asked where Rosillo ran. They told that
Rosillo escaped through the windows of the house. During the inquiry, the patrol members
observed a bulge around the waist of Carillo. Thereafter, Carillo was frisked and he admitted that
it was a .38 caliber revolver. The gun was unlicensed; hence, it was confiscated and Carillo was
invited for questioning.

Sgt. Romeroso asked the permission of Evaristo for them to scour through the house, which
Evaristo allowed. As they entered the house, several firearms and other items for the repair and
manufacture of firearms were found. S

Thereafter, Evaristo and Carillo were charged of illegal possession of firearms (violation of PD
1866). After the trial, both were found guilty of the charged and were sentenced to life
imprisonment.

Issue

Whether or not there was a valid warrantless search.

Held
Yes, the search was valid. Generally, a search and seizure must be supported by a valid search
warrant. However, there are exceptions to this, including the seizure of evidence in plain view. In
the case at bar, the patrol officers were in pursuit of a person whom they caught committing an
offense. And incidental to their pursuit, they found Carillo who appeared to be carrying a
revolver around his waist, prompting them to conduct a search on the body of Carillo. Carillo,
therafter, admitted his possession of such revolver. Moreover, Sgt. Romeroso asked for the
permission of Evaristo before the conduct of search of the latter’s house, where Rosillo sought
refuge. Their primary intention was to arrest Rosillo. However, incidental to the pursuit was the
discovery of the illegal firearms and other items. Therefore, the seizure of the evidence was
incidental to a lawful and valid arrest.

____________________________

By: Jason C. Cantay

D V O R E F C O L L E G E O F L A W – JD I - A ( A . Y . 2 0 1 9 - 20 )