Professional Documents
Culture Documents
The Right Against Unreasonale Searches and Seizures
The Right Against Unreasonale Searches and Seizures
The Right Against Unreasonale Searches and Seizures
“SEC 3. x x x
1 This material is a working draft, subject to further revisions. Reproduction for purely academic purposes with
due attribution to the author is permitted.
2 AB Political Science, University of the Philippines (UP), Diliman; Order of the Purple Feather (OPF), UP,
College of Law; Valedictorian, San Sebastian College-Recoletos, Manila, College of Law; Philippine Representative
to the World Trade Organization (WTO) Trade Facilitation Preparatory Committee Meeting for Legal Review
(Geneva, Swit zerland, 2014); Philippine Representative, Senior Officials’ Meeting, Asia Pacific Economic
Cooperation (APEC), 2015; former Philippine Youth delegate to Japan and Southeast Asia; Litigation lawyer;
formerly wit h the Ponce Enrile Reyes & Manlastas Law Offices (Pecabar); Professor of Constitutio nal Law, San
Sebastian College-Recoletos, Manila, College of Law, and Polytechnic University of the Philippines (PUP), Manila,
College of Law; former professor of Constitutional Law, New Ear University, College of Law, Quezon City; Bar
Review Lecturer, Recoletos Review Center, Manila
Page | 2
DISCUSSION OUTLINE
a. Unreasonable searches
Search without a warrant
Search under an invalid warrant
b. Reasonable searches: Valid warrantless searches
c. Other reasonable searches
I.
The search or seizure violates the prohibition under Section 2, Article III of the 1987
Constitution, if it is:
2. “unreasonable”
The search or seizure must be an action by the government or state, otherwise the
Constitutional prohibition against unreasonable searches and seizures and the exclusionary
rule will not apply. 3 The protection is against transgression committed by the government
3 People v. Bangcarawan, 384 SCRA 525, 11 July 2002; People v. Marti, 193 SCRA 57, 18 January 1991
Page | 3
This constitutional guarantee is not a blanket prohibition against all searches and
seizures as it operates only against “unreasonable” searches and seizures. The plain
import of the language of the Constitution, which in one sentence prohibits unreasonable
searches and seizures and at the same time prescribes the requisites for a valid warrant, is
that searches and seizures are normally unreasonable unless authorized by a validly issued
search warrant or warrant of arrest. Thus, the fundamental protection accorded by the
search and seizure clause is that between person and police must stand the protective
authority of a magistrate clothed with power to issue or refuse to issue search warrants or
warrants of arrest. 9
The constitutional guarantee is not a blanket prohibition against all searches and
seizures as it operates only against “unreasonable” searches and seizures. Searches and
4 People v. Bangcarawan, 384 SCRA 525, 11 July 2002; People v. Marti, 193 SCRA 57, 18 January 1991
5 United States v. Jacobsen, 466 U.S. 109 (1984). Note that in the Unit ed States, the State Action Doctrine was
originally applied to First Amendment rights (freedom of speeh, religion, association, assembly) and Fourteenth
Amendment rights (due process and equal protection).
6 People v. Bangcarawan, 384 SCRA 525, 11 July 2002; People v. Marti, 193 SCRA 57, 18 January 1991; see
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)
8
Social Justice Society v. Dangerous Drugs Board, 570 SCRA 411, 03 November 2008
9 People v. Aruta, G.R. No. 120915. 03 April 1998
Page | 4
seizures are as a rule unreasonable unless authorized by a validly issued search warrant or
warrant of arrest. 10
The constitutional guarantee is not a prohibition of all searches and seizures but only
of "unreasonable" searches and seizures. 11
Not all searches and seizures are prohibited. Those which are reasonable are not
forbidden. 12
The above Constitutional prov isions do not prohibit searches and seizures, but only
such as are unreasonable. Our jurisprudence provides for priv ileged areas where searches
and seizures may lawfully be effected sans a search warrant. 13
The Constitutional proscription against unreasonable searches and seizures does not,
of course, forestall reasonable searches and seizure. What constitutes a reasonable or even
an unreasonable search in any particular case is purely a judicial question, determinable
from a consideration of the circumstances involved. 14
II.
That the Bill of Rights embodied in the Constitution is not meant to be invoked
against acts of private indiv iduals finds support in the deliberations of the Constitutional
Commission. True, the liberties guaranteed by the fundamental law of the land must always
be subject to protection. But protection against whom? Commissioner Bernas in his
sponsorship speech in the Bill of Rights answers the query which he himself posed, as
follows:
If the search is made upon the request of law enforcers, a warrant must generally be
first secured if it is to pass the test of constitutionality. However, if the search is made at
the behest or initiative of the proprietor of a private establishment for its own and private
purposes, as in the case at bar, and without the intervention of police authorities, the right
against unreasonable search and seizure cannot be invoked for only the act of private
indiv idual, not the law enforcers, is involved. In sum, the protection against unreasonable
searches and seizures cannot be extended to acts committed by private individuals so as to
bring it within the ambit of alleged unlawful intrusion by the government. 15
However, according to the Supreme Court, barangay tanods sought by the police
authorities who effect the searched warrant act as agents of persons in authority. The Local
Government Code also contains a provision which describes the function of a barangay
tanod as an agent of persons in authority. Thus, according to the Supreme Court, the
search conducted by such barangay tanods is covered by the Constitutional prohibition
against unreasonable search and seizure. 18
III.
This constitutional guarantee is not a blanket prohibition against all searches and
seizures as it operates only against “unreasonable” searches and seizures. 20
A.
UNREASONABLE SEARCHES AND SEIZURES
A search and seizure must be carried through or with a judicial warrant; otherwise,
such search and seizure becomes “unreasonable.” 22 Searches, seizures and arrests are
normally unreasonable unless authorized by a validly issued search warrant or warrant of
arrest. 23
People v. Valdez, 345 SCRA 357, 25 September 2000; People v. Tudtud, 482 SCRA 1 42, 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
23 David v. Macapagal-Arroyo 489 SCRA 162, 03 May 2006
Page | 7
As a general rule, a search and seizure must be carried through with judicial warrant,
otherwise, such search and seizure constitutes derogation of a constitutional right. 24
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
secure in their persons, houses, papers and effects against unreasonable searches and
seizures. 25
If the search warrant is null and void, the searches and seizures made therein are
illegal. 27
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. 28
A search warrant shall not issue except upon probable cause in connection with one
specific offense to be determined personally by the judge after examination under oath or
February 1971
28 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
29 Section 2, Article III, 1987 Constitution; Hon Ne Chan v. Honda Motor, 541 SCRA 249, 19 December 2007
Page | 8
affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the things to be seized which may be anywhere in
the Philippines. 30
The existence of such facts and circumstances which would lead a reasonably
discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place to be searched. 31
Absent the element of personal knowledge by the applicant or his witnesses of the
facts upon which the issuance of a search warrant may be justified, the warrant is deemed
not based on probable cause and is a nullity, its issuance being, in legal contemplation,
arbitrary. 33
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. 34
262 SCRA 219, 20 September 1996; Uy v. BIR, 345 SCRA 36, 20 October 2000)
36 World Wide Web Cororation v, People, G.R. No. 161106, January 13, 2014
Page | 9
A general warrant is defined as "(a) search or arrest warrant that is not particular as
to the person to be arrested or the property to be seized." It is one that allows the "seizure
of one thing under a warrant describing another" and gives the officer executing the
warrant the discretion over which items to take. 37
Such discretion is abhorrent, as it makes the person, against whom the warrant is
issued, vulnerable to abuses. Our Constitution guarantees our right against unreasonable
searches and seizures, and safeguards have been put in place to ensure that people and
their properties are searched only for the most compelling and lawful reasons. 38
The warrant is valid when it enables the police officers to readily identify the
properties to be seized and leaves them with no discretion regarding the articles to be
seized. 39
SEC. 3. Personal property to be seized. — A search warrant may be issued for the
search and seizure of personal property:
a) Subject of the offense;
b) Stolen or embezzled and other proceeds, or fruits of the offense; or
c) Used or intended to be used as the means of committing an offense.
SEC. 4. Requisites for issuing search warrant. — A search warrant shall not issue
except upon probable cause in connection with one specific offense to be determined
personally by the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be searched and the
37 World W ide Web Cororation v, People, G.R. No. 161106, January 13, 2014
38 World Wide Web Cororation v, People, G.R. No. 161106, January 13, 2014
39 World Wide Web Cororation v, People, G.R. No. 161106, January 13, 2014
40 Castillo v. People, G.R. No. 185128, January 30, 2012
P a g e | 10
B.
REASONABLE SEARCHES & SEIZURES
GENERAL RULE:
EXCEPTIONS:
The Constitutional proscription against unreasonable searches and seizures does not
forestall reasonable searches and seizure. What constitutes a reasonable or even an
unreasonable search in any particular case is purely a judicial question, determinable from a
consideration of the circumstances involved. 42
(5) search when the accused himself waives his right against unreasonable
searches and seizures (consented search);
41 World Wide Web Cororation v, People, G.R. No. 161106, January 13, 2014
42 People v. Chua Ho San, 308 SCRA 432, 17 June 1999
43 People v. Tudtud, 412 SCRA 427, 26 September 2006; Epie v. Ulat -Marredo, 518 SCRA 641, 22 March 2007;
People v. Sarap 399 SCRA 503, March 26, 2003; People v. Nuevas, 516 SCRA 463, 22 February 2007; People v.
Valdez, 304 SCRA 140, 03 March 1999; People v. Mariacos, G.R. No. 188611, June 16, 2010)
P a g e | 11
The law requires that there first be a valid arrest before a search can be made—the
process cannot be reversed. 46
The seizure of evidence or dangerous weapons must be either on the person of the
one arrested or within the area of his “immediate control.” The phrase “within the area of
his immediate control” means the area from within which he might gain possession of a
weapon or destructible evidence. 47
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. 48
As to Subject
The 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." 49
2001
47 Valeroso v. Court of Appeals, 3 September 2009, G.R. No. 16481; People v. Cubcubin, 360 SCRA 690, 10 July 2001
48
People v. Estella, 395 SCRA 553, 21 January 2003
49 People v. Che Chun Ting, 328 SCRA 592, 21 March 2000
P a g e | 12
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. 51
Section 5, Rule 113 of the Revised Rules of Criminal Procedure lays down the
basic rules on lawful warrantless arrests, either by a peace officer or a private person,
as follows:
Sec. 5. Arrest without warrant; when lawful. – A peace officer or a private person
may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) W hen an offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested has
committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined while his
case is pending, or has escaped while being transferred from one confinement to another.
x xx
For the warrantless arrest under paragraph (a) of Section 5 to operate, two
elements must concur: (1) the person to be arrested must execute an overt act
indicating that he has just committed, is actually committing, or is attempting to
commit a crime; and (2) such overt act is done in the presence or within the view of
the arresting officer. On the other hand, paragraph (b) of Section 5 requires for its
application that at the time of the arrest, an offense had in fact just been committed
and the arresting officer had personal knowledge of facts indicating that the appellant
had committed it.
In both instances, the officer’s personal knowledge of the fact of the commission
of an offense is absolutely required. Under paragraph (a), the officer himself
50 Valeroso v. Court of Appeals, 3 September 2009, G.R. No. 16481; People v. Estella, 395 SCRA 553, 21 January 2003
51People v. Che Chun Ting, 328 SCRA 592, 21 March 2000
52 People v. Mariacos, G.R. No. 188611, June 16, 2010; People v. Nuevas, G.R. No. 170233, February 22, 2007,
witnesses the crime while under paragraph (b), he knows for a fact that a crime has
just been committed. 53
Sec. 5. Arrest w ithout warrant; when lawful. A peace office of a private person
may, without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
For the exception in Section 5 (a), Rule 113 to operate, this Court has ruled that
two (2) elements must be present: (1) the person to be arrested must execute an
overt act indicating that he has just committed, is actually committing, or is
attempting to commit a crime; and (2) such overt act is done in the presence or within
the view of the arresting officer. (Emphasis supplied) 55
For the warrantless arrest under paragraph (a) of Section 5 to operate, two
elements must concur: (1) the person to be arrested must execute an overt act
indicating that he has just committed, is actually committing, or is attempting to
commit a crime; and (2) such overt act is done in the presence or within the view of
the arresting officer. On the other hand, paragraph (b) of Section 5 requires for its
application that at the time of the arrest, an offense had in fact just been committed
and the arresting officer had personal knowledge of facts indicating that the appellant
had committed it.
In both instances, the officer’s personal knowledge of the fact of the commission
of an offense is absolutely required. Under paragraph (a), the officer himself
witnesses the crime while under paragraph (b), he knows for a fact that a crime has
just been committed. (Emphasis supplied) 56
The long standing rule in this jurisdiction is that "reliable information" alone is
not sufficient to justify a warrantless arrest. The rule requires, in addition, that the
accused perform some overt act that would indicate that he has committed, is actually
committing, or is attempting to commit an offense. 57
First, there was no valid arrest of petitioner. When he was flagged down for
committing a traffic violation, he was not, ipso facto and solely for this reason,
arrested.
Arrest is the taking of a person into custody in order that he or she may be
bound to answer for the commission of an offense. It is effected by an actual restraint
of the person to be arrested or by that person’s voluntary submission to the custody
of the one making the arrest. Neither the application of actual force, manual touching
of the body, or physical restraint, nor a formal declaration of arrest, is required. It is
enough that there be an intention on the part of one of the parties to arrest the other,
and that there be an intent on the part of the other to submit, under the belief and
impression that submission is necessary.
Under R.A. 4136, or the Land Transportation and Traffic Code, the general
procedure for dealing with a traffic violation is not the arrest of the offender, but the
confiscation of the driver’s license of the latter.
At the time that he was waiting for PO3 Alteza to write his citation ticket,
petitioner could not be said to have been "under arrest." There was no intention on
the part of PO3 Alteza to arrest him, deprive him of his liberty, or take him into
custody. Prior to the issuance of the ticket, the period during which petitioner was at
the police station may be characterized merely as waiting time. In fact, as found by
the trial court, PO3 Alteza himself testified that the only reason they went to the police
sub-station was that petitioner had been flagged down "almost in front" of that place.
Hence, it was only for the sake of convenience that they were waiting there. There
was no intention to take petitioner into custody. 58
Requirements for a hot pursuit arrest: 1) the crime should have been
just committed; and 2) the arresting officer's exercise of discretion is
limited by the standard of probable cause to be determined from the facts
and circumstances within his personal knowledge
be gathered. This required time element acts as a safeguard to ensure that the police
officers have gathered the facts or perceived the circumstances within a very limited
time frame. This guarantees that the police officers would have no time to base their
probable cause finding on facts or circumstances obtained after an exhaustive
investigation.
The reason for the element of the immediacy is this - as the time gap from the
commission of the crime to the arrest widens, the pieces of information gathered are
prone to become contaminated and subjected to external factors, interpretations and
hearsay. On the other hand, with the element of immediacy imposed under Section
5(b), Rule 113 of the Revised Rules of Criminal Procedure, the police officer's
determination of probable cause would necessarily be limited to raw or
uncontaminated facts or circumstances, gathered as they were within a very limited
period of time. The same provision adds another safeguard with the requirement of
probable cause as the standard for evaluating these facts of circumstances before the
police officer could effect a valid warrantless arrest .59
In light of the discussion above on the developments of Section 5(b), Rule 113
of the Revised Rules of Criminal Procedure and our jurisprudence on the matter, we
hold that the following must be present for a valid warrantless arrest: 1) the crime
should have been just committed; and 2) the arresting officer's exercise of discretion
is limited by the standard of probable cause to be determined from the facts and
circumstances within his personal knowledge. The requirement of the existence of
probable cause objectifies the reasonableness of the warrantless arrest for purposes
of compliance with the Constitutional mandate against unreasonable arrests .60
In a hot pursuit arrest, police presence at the scene while the crime
was being committed is not required.
59 Pestilos v. Generoso and People, G.R. No. 182601, November 10, 2014
60 Pestilos v. Generoso and People, G.R. No. 182601, November 10, 2014
61 Pestilos v. Generoso and People, G.R. No. 182601, November 10, 201 4
P a g e | 16
In Pestilos v. Generoso and People, G.R. No. 182601, November 10, 2014, the
Supreme Court summarized illustrative rulings on hot pursuit arrests, thus:
In People v. del Rosario, the Court held that the requirement that an offense has just
been committed means that there must be a large measure of immediacy between the time
the offense was committed and the time of the arrest. If there was an appreciable lapse of
time between the arrest and the commission of the crime, a warrant of arrest must be
secured.
The Court held that the arrest of del Rosario did not comply with these requirements
because he was arrested only a day after the commission of the crime and not immediately
thereafter. Additionally, the arresting officers were not present and were not actual
eyewitnesses to the crime. Hence, they had no personal knowledge of facts indicating that
the person to be arrested had committed the offense. They became aware of del Rosario's
identity as the driver of the getaway tricycle only during the custodial investigation.
In People v. Cendana , the accused was arrested one (1) day after the killing of the
victim and only on the basis of information obtained from unnamed sources. T he unlaw ful
arrest was held invalid.
In Rolito Go v. CA , the arrest of the accused six (6) days after the commission of the
crime was held invalid because the crime had not just been committed. Moreover, the
"arresting" officers had no "personal knowledge" of facts indicating that the accused was the
gunman who had shot the victim. The information upon which the police acted came from
statements made by alleged eyewitnesses to the shooting; one stated that the accused was
the gunman; another was able to take dow n the alleged gunman's car's plate number which
turned out to be registered in the name of the accused's wife. That information did not
constitute "personal knowledge."
P a g e | 17
In People v. Tonog, Jr., the warrantless arrest which was done on the same day was
held valid. In this case, the arresting officer had knowledge of facts which he personally
gathered in the course of his investigation, indicating that the accused was one of the
perpetrators.
In People v. Gerente , the policemen arrested Gerente only about three (3) hours
after Gerente and his companions had killed the victim. The Court held that the policemen
had personal knowledge of the violent death of the victim and of facts indicating that Gerente
and two others had killed him. The warrantless arrest was held valid.
In People v. Alvario, the warrantless arrest came immediately after the arresting
officers received information from the victim of the crime. The Court held that the personal
knowledge of the arresting officers was derived from the information supplied by the victim
herself who pointed to Alvario as the man who raped her at the time of his arrest. The Court
upheld the warrantless arrest. In People v. Jayson, there was a shooting incident. The
policemen who were summoned to the scene of the crime found the victim. The informants
pointed to the accused as the assailant only moments after the shooting. The Court held that
the arresting officers acted on the basis of personal knowledge of the death of the victim and
of facts indicating that the accused was the assailant. Thus, the warrantless arrest was held
valid.
In People v. Acol, a group held up the passengers in a jeepney and the policemen
immediately responded to the repor t of the crime. One of the victims saw four persons
walking towards Fort Bonifacio, one of whom was wearing his jacket. The victim pointed
them to the policemen. When the group saw the policemen coming, they ran in different
directions. The Court held that the arrest was valid.
In Cadua v. CA, there was an initial report to the police concerning a robber y. A radio
dispatch was then given to the arresting officers, who proceeded to Alden Street to verify the
authenticity of the radio message. When they reached the place, they met with the
complainants who initiated the repor t about the robbery. Upon the officers' invitation, the
victims joined them in conducting a search of the nearby area w here the accused was
spotted in the vicinity. Based on the reported statements of the complainants, he was
identified as a logical suspect in the offense just committed. Hence, the arrest was held valid.
In Doria, the Court held that Section 5 (b), Rule 113 of the 1985 Rules of Criminal
Procedure does not require the arresting officers to personally witness the commission of the
offense.
In this case, P/Supt. Doria alleged that his office received a telephone call from a
relative of Rosa Sia about a shooting incident. He dispatched a team headed by SP03
Ramirez to investigate the incident. SP03 Ramirez later reported that a cer tain William Sia
was wounded while Judge Abelita III, w ho was implicated in the incident, and his wife j ust
left the place of the incident. P/Supt. Doria looked for Abelita III and w hen he found him, he
informed him of the incident repor t. P/Supt. Doria requested Abelita III to go with him to the
police headquarters as he had been reported to be involved in the incident. Abelita III agreed
but suddenly sped up his vehicle and proceeded to his residence where P/Supt. Doria caught
him up as he was about to run towards his house.
The police officers saw a gun in the front seat of the vehicle beside the driver's seat
as Abelita III opened the door. They also saw a shotgun at the back of the driver's seat. The
police officers confiscated the firearms and arrested Abelita III. The Court held that the
P a g e | 18
petitioner's act of tr ying to get away, coupled with the incident repor t which they
investigated, were enough to raise a reasonable suspicion on the part of the police
authorities as to the existence of probable cause.62
When there is no probable cause, peace officers are limited to routine checks where
the examination of the vehicle is limited to visual inspection. 64
Search and seizure without search warrant of vessels and aircrafts for violations of
customs laws have been the traditional exception to the constitutional requirement of a
62 Pestilos v. Generoso and People, G.R. No. 182601, November 10, 2014
63 Caballes v. Court of Appeals, 15 January 2002
64 People v. Libnao, 325 SCRA 407, 20 January 2003
65 People v. Libnao, 325 SCRA 407, 20 January 2003
66
People v. Lapitaje, 392 SCRA 674, 19 February 2003
67 People v. Lapitaje, 392 SCRA 674, 19 February 2003
P a g e | 19
search warrant. It is rooted on the recognition that a vessel and an aircraft, like motor
vehicles, can be quickly moved out of the locality or jurisdiction in which the search warra nt
must be sought and secured. The same exception ought to apply to seizures of fishing
vessels and boats breaching fishery laws. 68
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. 69
(a) A prior valid intrusion in which the police are legally present in the pursuit of
their official duties;
(b) The evidence was inadvertently discovered by the police who have the right to
be where they are;
(c) The evidence must be immediately apparent;
(d) “Plain view” justified mere seizure of evidence without further search. 71
Evidence in plain view may be seized, although not described in the search
warrant 7 2
68
Hizon v. CA, 265 SCRA 517, 13 December 1996
69
Papa v. Mago, 22 SCRA 257, 28 February 1968; see also Salvador v, People, 463 SCRA 489, 15 July 2005
70 Abelita v. Doria, 14 August 2009; People v. Doria, 301 SCRA 668,22 January 1999; People v. Lagman, 573
SCRA 225, 08 December 2008
71
People v. Nuevas, 576 SCRA 463; 22 February 2007; People v. Compacion, 361 SCRA 540, 20 July 2001
72 Unilab v. Isip, 461 SCRA 575, 28 June 2005
P a g e | 20
At the time of the discovery of the object or facts or at the moment of seizure, the
officer has probable cause to connect the object to criminal activity. 73
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. 74
The consent to the search must be voluntary, unequivocal, specific, and intelligently
given, uncontaminated by any duress or coercion. The consent to a search must be shown
by clear and convincing evidence. 76
73
Unilab v. Isip, 461 SCRA 575, 28 June 2005
74
Unilab v. Isip, 461 SCRA 575, 28 June 2005
75 People v. Cubcubin, 360 SCRA 690, 10 July 2001
76 People v. Nuevas 22 February 2007, 576 SCRA 463
77People v. Nuevas, 576 SCRA 463, 22 February 2007
78
People v. Nuevas, 576 SCRA 463, 22 February 2007; People v. Comnpacion, 361 SCRA 540, 20 July 2009
79 People v. Burgos, 144 SCRA 1; People v. Compacion, 361 SCRA 540, 20 July 2001
P a g e | 21
Where a police officer observes unusual conduct which leads him reasonably to
conclude in light of his experience that criminal activity may be afoot and that the persons
with whom he is dealing may be armed and dangerous, where in the course of
investigating this behavior he identifies himself as a policeman and makes reasonable
inquiries, and where nothing in the initial stages of the encounter serves to dispel his
reasonable fear for his own or others’ safety, he is entitled for the protection of himself and
others in the area to conduct a carefully limited search of the outer clothing of such persons
in an attempt to discover weapons which might be used to assault him. 82
80 People v. Burgos 144 SCRA 1, 1986; People v. Compacion, 361 SCRA 540, 20 July 2001; People v. Aruta 288
SCRA 626
81
People v. Binad Sy Chua, 396 SCRA 657, 04 February 2003; Malacat v. People, 283 SCRA 159, 12 December
1997
82 People v. Binad Sy Chua, 396 SCRA 657, 04 February 2003; Malacat v. People, 283 SCRA 159, 12 December
1997
83 People v. Binad Sy Chua, 396 SCRA 657, 04 February 2003; Malacat v. People, 283 SCRA 159, 12 December
1997
84 also cited in People v. Aruta, 288 SCRA 626, 03 April 1998
P a g e | 22
C.
OTHER REASONABLE SEARCHES
& SEIZURES
Other warrantless searches that are reasonable and valid based on statutes and
recent jurisprudence:
b) Immigration search
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. 86
Search conducted on the departing passengers at airports are reasonable because
the passengers should expect lesser privacy at airports, or they have “reduced privacy”
expectation.” The Supreme Court explained, thus:
“Persons may lose the protection of the search and seizure clause by exposure of
their persons or property to the public in a manner reflecting a lack of subjective
expectation of privacy, which expectation society is prepared to recognize as
reasonable. Such recognition is implicit in airport security procedures. With increased
concern over airplane hijacking and terrorism has come increased security at the nation’s
airports. Passengers attempting to board an aircraft routinely pass through metal detectors;
85
26 September 2008
86 People v. Johnston 348 SCRA 526; People v. Macalaba 20 January 2003
P a g e | 23
their carry-on baggage as well as checked luggage are routinely subjected to x-ray
scans. Should these procedures suggest the presence of suspicious objects, physical
searches are conducted to determine what the objects are. There is little question that
such searches are reasonable, given their minimal intrusiveness, the gravity of
the safety interests involved, and the reduced privacy expectations associated
with airline travel. Indeed, travelers are often notified through airport public address
systems, signs and notices in their airline tickets that they are subject to search and, if any
prohibited materials or substances are found, such would be subject to seizure. These
announcements place passengers on notice that ordinary constitutional protections against
warrantless searches and seizures do not apply to routine airport procedures .” 87
Squarely raised by the petitioner is the legality of the search conducted on his office
computer and the copying of his personal files without his knowledge and consent, alleged
as a transgression on his constitutional right to privacy. x x x
Under the facts obtaining, the search conducted on petitioner’s computer was
justified at its inception and scope. We quote with approval the CSC’s discussion on the
reasonableness of its actions:
Worthy to mention, too, is the fact that the Commission effected the
warrantless search in an open and transparent manner. Officials and some
employees of the regional office, who happened to be in the vicinity, were
on hand to observe the process until its completion. In addition, the
respondent himself was duly notified, through text messaging, of the search
and the concomitant retrieval of files from his computer.
87People v. Canton, G.R. No. 148825, 27 December 2002; People v. Johnston, G.R. No. 138881, December 18,
2000, 348 SCRA 526; People v. Suzuki, G.R. No. 120670, 23 October 2003
P a g e | 24
First, schools and their administrators stand in loco parentis with respect to their
students. Second, minor students have contextually fewer rights than an adult, and are
subject to the custody and supervision of their parents, guardians, and schools. Third,
schools, acting in loco parentis, have a duty to safeguard the health and well - being of their
students and may adopt such measures as may reasonably be necessary to discharge such
duty. Fourth, schools have the right to impose conditions on applicants for adm ission that
are fair, just, and non-discriminatory.
Thus, the law requiring mandatory, random, and suspicionless drug testing of
students is constitutional. Indeed, it is within the prerogative of educational institutions to
require, as a condition for admission, compliance with reasonable school rules and
regulations and policies. To be sure, the right to enroll is not absolute; it is subject to fair,
reasonable, and equitable requirements. 89
Moreover, the intrusion into privacy of a mandatory, random and suspicionless drug-
testing for employees is "narrowly drawn" or "narrowly focused."
The need for drug testing to at least minimize illegal drug use is substantial enough
to override the individual's privacy interest under the premises.
Like their counterparts in the private sector, government officials and employees also
labor under reasonable superv ision and restrictions imposed by the Civil Serv ice law and
other laws on public officers, all enacted to promote a high standard of ethics in the public
service. Thus, the law requiring random, mandatory and suspicionless drug-testing for civil
servants is also valid, as the latter, by constitutional command, are required to be
accountable at all times to the people and to serve them with utmost responsibility and
efficiency. 90
Probable cause:
The basic requirement in all warrantless searches?
In People v Aruta 91 , 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.
(NOTE: The author submits that this pronouncement is legally tenuous. Note that
probable cause is not required for valid Terry searches, consented searches and routine
searches on departing passengers at airports.) 92
90 Social Justice Society v. Dangerous Drugs Board, G.R. No. 157870, November 3, 2008
91 G.R. No. 120915. 03 April 1998
92 Malacat v. People, 283 SCRA 159, 12 December 1997; People v. Canton, G.R. No. 148825, 27 December 2002;
People v. Johnston, G.R. No. 138881, December 18, 2000, 348 SCRA 526; People v. Suzuki, G.R. No. 120670, 23
October 2003
93
People v. Libnao, G.R. No. 136860. 20 January 2003
94
People v. Claudio, 160 SCRA 646 (1988).
95
People v. Tangliben, 184 SCRA 220 (1990).
96
People v. Maspil, Jr., 188 SCRA 751 (1990).
P a g e | 26
he failed to present his passport and other identification papers when requested to do so; 97
(f) where the moving vehicle was stopped and searched on the basis of intelligence
information and clandestine reports by a deep penetration agent or spy -- one who
participated in the drug smuggling activities of the syndicate to which the accused belong --
that said accused were bringing prohibited drugs into the country; 98
(g) where the arresting officers had received a confidential information that the
accused, whose identity as a drug distributor was established in a previous test-buy
operation, would be boarding MV Dona Virginia and probably carrying shabu with him; 99
(h) where police officers received an information that the accused, who was carrying
a suspicious-looking gray luggage bag, would transport marijuana in a bag to Manila; 100 and
(i) where the appearance of the accused and the color of the bag he was carrying
fitted the description given by a civilian asset. 101
IV.
97
People v. Malmsteadt, 198 SCRA 401 (1991).
98
People v. Lo Ho Wing, 193 SCRA 122 (1991).
99 People v. Saycon, 236 SCRA 325 (1994).
100 People v. Balingan, 241 SCRA 277 (1995).
101 People v. Valdez, 304 SCRA 140 (1999).
102Sections 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
103 See People v. Sarap, 399 SCRA 503, 26 March 2003; People v. Francisco, 387 SCRA 592, 22 August 2002;
P a g e | 27
2. Even if the search was unlawful, and the evidence obtained was
excluded, the court may still convict the accused on the basis of other pieces of
admissible evidence. 106
Thus, in People v. Che Chun Ting, 107 the Supreme Court declared that the search in
the condominium unit of the accused was illegal (the area was not within the immediate
control of the accused at the time of the arrest), and the shabu seized therein was
inadmissible as evidence. However, the Supreme Court upheld the conviction of the accused
on the basis of evidence consisting of, among others, shabu which was found in bag of the
accused at the time the police arrested him in flagrante delicto in a buy-bust operation. 108
However, objects and properties the possession of which is prohibited by law cannot
be returned to their owners notwithstanding the illegality of their seizure. 110
4. If the items seized in an illegal search are not contraband, the same
should be returned to the owner. 111
People v. Valdez, 341 SCRA 253, 25 September 2000; People v. Asis, 391 SCRA 108, 15 October 2002
104 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
105 See People v. Sarap, 399 SCRA 503, 26 March 2003
106
See People v. Che Chun Ting, 328 SCRA 592, 21 March 2000 and People v. Rondero, 320 SCRA 383, 09
December 1999
107 21 March 2000
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. 112