Roldan v Arca; G.R. No. L-25434; 25 Jul 1975; 65 SCRA 336

in Legal Chyme by

Petitioner Fisheries Commissioner through the Philippine Navy seized and impounded two fishing vessels owned by respondent company for illegal fishing with dynamite.

Whether or not search and seizure of the fishing vessels without a warrant were unlawful.

NO. Search and seizure without search warrant of vessels and air crafts for violations of the customs laws have been the traditional exception to the constitutional requirement of a search warrant. The same exception should apply to seizures of fishing vessels breaching our fishery laws. They are usually equipped with powerful motors that enable them to elude pursuing ships of the Philippine Navy or Coast Guard.

Writ of preliminary mandatory injunction SET ASIDE as NULL and VOID.

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