People v Damaso; G.R. No. 93516; 12 Aug 1992; 212 SCRA 457

in Legal Chyme by

A PC officer and some companions went to the house rented by accused-appellant where they were allowed entry into the house by the house help. upon entering, they saw radio sets, pamphlets, Xerox copiers and a computer machine. They asked and were granted permission to look around by the persons inside the house. In one of the rooms, they saw books used for subversive orientation, one M-14 rifle, bullets and ammunitions, among others. They confiscated the articles and brought them to their headquarters for final inventory. They likewise brought the persons found in the house to the headquarters for investigation. Said persons revealed that appellant was the lessee of the house and owned the items confiscated therefrom.

Whether or not a search on a house without the owner’s presence is valid.

NO. The constitutional immunity from unreasonable searches and seizures, being a personal one, cannot be waived by anyone except the person whose rights are invaded or one who is expressly authorized to do so in his or her behalf.

Decision appealed from is REVERSED and the appellant is ACQUITTED.

Leave a Reply

Your email address will not be published.


This site uses Akismet to reduce spam. Learn how your comment data is processed.