Legal Principles on Political Law and Criminal Law: Search and Seizure; Checkpoints; Warrantless Arrests; Chain of Custody
G.R. No. 217097. February 23, 2022 ROLANDO UY Y SAYAN ALIAS "NONOY," Petitioner, v. PEOPLE OF THE PHILIPPINES, Respondent. J. Hernando Constitutional Mandate on Search and Seizures. Section 2, Article III of the 1987 Constitution mandates that search and seizures must be carried out through or on the strength of a judicial warrant predicated upon the existence of probable cause. Otherwise, searches and seizures done without a valid warrant are considered intrusive and unreasonable within the meaning of the said constitutional provision. The Constitution provides further safeguards such that the evidence obtained and confiscated on the occasion of unreasonable searches and seizures are considered tainted, and consequently, inadmissible in evidence for any purpose in any proceeding. However, there is a recognized exception to the need of securing a warrant before a search may be effected, that is, a warrantless search incidental to a lawful arrest. In such instances, the law ...