Unreasonable Searches and Seizures

Unreasonable Searches and Seizures

      Section 2.  The rights of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause 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 persons or things to be seized.

Concept of Search Warrant 

   A search warrant  is an order in writing, issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property and bring it before the court.

   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, and
      c.) Used or intended to be used as the means of committing an offense.

Concept of Search 

   Search is an examination of a man's house or other building or premises with a view to the discovery of contraband or illicit or stolen property or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which an accused is charged.

   This constitutional provision against unreasonable searches and seizure protects every person, whether natural or juridical.

   The Supreme Court in the case of US vs Arceo (3 Phil 381) ruled that one cannot just force his way into any man's house on the illegal orders of a superior, however lofty his rank. Indeed, even the humblest hovel is protected from official intrusion, because of the ancient rule, revered in all free regimes, that a man's house is his castle. It may be frail; its roof may shake; the wind may enter; the rain may enter. But the King of England may not enter. All the forces of the Crown dare not cross the threshold of the ruined tenement.

   A search or seizure contemplated under warrant of search and seizure is considered reasonable or legal:

   1.) When the search warrant conforms to the prescribed constitutional requirements therefor, namely, that it describes with definiteness and particularity the place to be searched and the things to be seized;
   2.) When the same was issued in accordance with prescribed constitutional requirements that there exist a probable cause, to be determined by the judge after examination of the complainant and the witnesses he may produce under oath or affirmation; and
   3.) When the warrant has not been issued for the sole purpose of searching for evidence to be used against the owner of the seized articles.

   The protection that this provision guarantees applies to citizens as well as aliens in the Philippines. The protection extended to one's house is not limited to dwelling houses. It also extends to a garage. It does not, however, extend to open spaces and fields. Telephone wires leading from the house are not considered as parts thereof for the purpose of this provision.

   The protection likewise extends to sealed letters, one's papers and effects and packages in the mails which may only be opened and examined under a valid search warrant. An exception  against this rule is when there is a lawful order of the court or when public safety and order require it. Censorship may then be established as a war measure. A warden may, under the prison's disciplinary rule, open letters written by a prisoner.