SR. INSP. JERRY C.

VALEROSO, Petitioner,
vs.
COURT OF APPEALS and PEOPLE OF THE PHILIPPINES, Respondents.
G.R. No. 164815
September 3, 2009

FACTS:
Valeroso was charged with violation of Presidential Decree No. 1866... have in
his/her possession and under his/her custody and control One(1) cal. 38 "Charter
Arms" revolver bearing serial no. 52315 with five (5) live ammo, without first having
secured the necessary license/permit issued by the proper authorities.
Disuanco and his team approached Valeroso. They put him under arrest, informed
him of his constitutional rights, and bodily searched him. They found a Charter Arms
revolver, bearing Serial No. 52315, with five (5) pieces of live ammunition tucked in
his waist.
Upon verification in the Firearms and Explosives Division in Camp Crame, Deriquito
presented a certification that the subject firearm was not issued to Valeroso, SPO3
Agustin R. Timbol, Jr. (Timbol), and Adrian Yuson testified for the defense
He was awakened by four (4) heavily armed men in civilian attire who pointed their
guns at him and pulled him out of the room. The raiding team tied his hands and
placed him near the faucet (outside the room) then went back inside, searched and
ransacked the room. Moments later, an operative came out of the room and
exclaimed, "Hoy, may nakuha akong baril sa loob!
Disuanco informed Valeroso that there was a standing warrant for his arrest.
However, the raiding team was not armed with a search warrant.
Issues:
Whether or not the warrantless search and seizure of the firearm and ammunition
valid?
Ruling:
No. The arresting officers would have been justified in searching the person of
Valeroso, as well as the tables or drawers in front of him, for any concealed weapon
that might be used against the former. But under the circumstances obtaining, there
was no comparable justification to... search through all the desk drawers and
cabinets or the other closed or concealed areas in that room itself.
In the case before us, search was made in the locked cabinet which cannot be said
to have been within Valeroso's immediate control. Thus, the search exceeded the
bounds of what may be considered as an incident to a lawful arrest nor can the
warrantless search in this case be justified under the "plain view doctrine."
However, in this case, the police officers did not just accidentally discover the
subject firearm and ammunition; they actually searched for evidence against
Valeroso. The search made was illegal, a violation of Valeroso's right against
unreasonable search and seizure. Consequently, the evidence obtained in violation
of said right is inadmissible in evidence against him.
Principles:
The right against unreasonable searches and seizures is secured by Section 2,
Article III of the Constitution which states:
SEC. 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.
From this constitutional provision, it can readily be gleaned that, as a general rule,
the procurement of a warrant is required before a law enforcer can validly search or
seize the person, house, papers, or effects of any individual
"any evidence obtained in violation of this or the preceding section... shall be
inadmissible in evidence for any purpose in any proceeding.
The above proscription is not, however, absolute. The following are the well-
recognized instances where searches and seizures are allowed even without a valid
warrant:
Warrantless search incidental to a lawful arrest;
[Seizure] of evidence in "plain view." The elements are: a) a prior valid intrusion
based on the valid warrantless arrest in which the police are legally present in the
pursuit of their official duties; b) the evidence was inadvertently discovered by the
police... who have the right to be where they are; c) the evidence must be
immediately apparent; and d) "plain view" justified mere seizure of evidence without
further search;
Search of a moving vehicle. Highly regulated by the government, the vehicle's
inherent mobility reduces expectation of privacy especially when its transit in public
thoroughfares furnishes a highly reasonable suspicion amounting to probable cause
that the... occupant committed a criminal activity;
Consented warrantless search;
Customs search;
Stop and Frisk;
Exigent and emergency circumstances.[32]
Search of vessels and aircraft; [and]
Inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations.[33]
In the exceptional instances where a warrant is not necessary to effect a valid search
or seizure, what constitutes a reasonable or unreasonable search or seizure is purely
a judicial question, determinable from the uniqueness of the circumstances involved,
including the purpose... of the search or seizure, the presence or absence of
probable cause, the manner in which the search and seizure was made, the place or
thing searched, and the character of the articles procure... ed
For one, the warrantless search could not be justified as an incident to a lawful
arrest. Searches and seizures incident to lawful arrests are governed by Section 13,
Rule 126 of the Rules of Court, which reads:
SEC. 13. Search incident to lawful arrest. - A person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.
in lawful arrests, it becomes both the duty and the right of the apprehending
officers to conduct a warrantless search not only on the person of the suspect, but
also in the permissible area within the latter's reach... in lawful arrests, it becomes
both the duty and the right of the apprehending officers to conduct a warrantless
search not only on the person of the suspect, but also in the permissible area within
the latter's reach.
a valid... arrest allows the seizure of evidence or dangerous weapons either on the
person of the one arrested or within the area of his immediate control.
phrase "within the area of his immediate control" means the area from within which
he... might gain possession of a weapon or destructible evidence
A gun on a table or in a drawer in front of one who is arrested can be as dangerous
to the arresting officer as one concealed in the clothing of the person arrested.
who were heavily armed. They pulled him out... of the room, placed him beside the
faucet outside the room, tied his hands, and then p
The "plain view doctrine" may not be used to launch unbridled searches and
indiscriminate seizures or to extend a general exploratory search made solely to find
evidence of defendant's guilt. The doctrine is usually applied where a police officer
is not searching for evidence... against the accused, but nonetheless inadvertently
comes across an incriminating object
As enunciated in People v. Cubcubin, Jr.[50] and People v. Leangsiri:
"plain view" cases have in common is that the police officer in each of them had a
prior justification for an intrusion in the course of which[,] he came inadvertently
across a piece of evidence incriminating the accused.
serves to supplement... the prior justification - whether it be a warrant for another
object, hot pursuit, search incident to lawful arrest, or some other legitimate reason
for being present unconnected with a search directed against the accused - and
permits the warrantless seizure... the "plain view" doctrine may not be used to
extend a general exploratory search from one object to another until something...
incriminating at last emerges
Order is too high a price to pay for the loss of liberty
Because a warrantless search is in derogation of a constitutional right, peace officers
who conduct it cannot invoke regularity in the performance of official functions.[
The Bill of Rights is the bedrock of constitutional government. If people are stripped
naked of their rights as human beings, democracy cannot survive and government
becomes meaningless. This explains why the Bill of Rights, contained as it is in
Article III of the Constitution,... occupies a position of primacy in the fundamental
law way above the articles on governmental power