I would like to consult with you my friend’s legal problem as he is currently facing credit card fraud charges.

Last weekend, the National Bureau of Investigation (NBI) and the Philippine Drug Enforcement Agency served a search warrant at his residence. While he was inspecting its details, he noticed that the object indicated therein was for drugs and other drug paraphernalia; there was nothing about computers or credit cards. During the course of the search, they seized items such as two laptops, a money counter, a dry seal, boxes of notarial seal, a card-scheming device, and three credit cards.

Was the search done illegal, despite having a search warrant? Thank you for your time.

Randy

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Dear Randy,

In the case of Silvano v People of the Philippines (G.R. No. 273931), the Supreme Court declared that such kind of search, although armed with a search warrant, is illegal and unconstitutional.

Article III, Section 2 of the 1987 Constitution guarantees the right of the people against unreasonable searches and seizures. It reads:

SECTION 2. The right 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.

Fortifying such right is the exclusionary principle adopted in Section 3(b), Article III of the Constitution. The principle renders any evidence obtained through unreasonable search or seizure as inadmissible for any purpose in any meaning, viz:

(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

The rule of thumb, as may be deduced from Section 2, Article III of the Constitution itself, us that searches and seizures which are undertaken by the government outside the auspices of a valid search warrant are considered unreasonable. To be regarded reasonable, government-led search and seizure must generally be sanctioned by a judicial warrant issued in accordance with requirements prescribed in the aforementioned constitutional provision.

Applying the recent decision of the High Court to the facts given, it can be inferred that the NBI exercised its authority outside of their legal boundaries. As mentioned before, the object of the search warrant was for drugs and other drug paraphernalia, not computers and credit cards. Hence, the performance of such search is illegal while the items seized are inadmissible as evidence.

Atty. Nico A. Antonio