Article 3 Section 2 of the 1987 Philippine Constitution states
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. 2. Policy 1: The law should protect the people of the Philippines from unreasonable searches and seizures without warrant. Policy 2: The law should provide for cases wherein a warrant could not be secured should a search or seizure be necessary. Policy 3: The law should establish the procedure for issuance of warrants and the determination of probable cause. 3.Case 1 Policy: The law should protect the persons home as well as the items from warrantless searches. Case 2 Policy: The law should define consent to be searched. Case 3 Policy: The law should prevent the usage of tools to inspect a home without a warrant. Case 4 Policy: The law should, in the interest of public safety, allow the search of people by the police in designated areas. Case 5. Policy: The law should protect the items of persons from being tracked without a warrant. 4. The law affirms all these policies. This affirmation is further attested by the following jurisprudence; Case 1: People of the Philippines vs. Arnold Martinez Y Angeles G.R. No 191366. In this case, the Police officers had, without a warrant, entered the accuseds household and had seized various items. The Supreme Court ruled that the entrance into was contrary to law. Case 2: Pasion Vda de Garcia v. Locsin 65 Phil. 689, 695 States that the constitutional guaranty is not dependent upon any affirmative act of the citizen, the courts do not place the citizen in the position of either contesting an officer's authority by force, or waiving his constitutional rights; but instead they hold that a peaceful submission to a search or seizure is not consent or an invitation thereto, but is merely a demonstration or regard for the supremacy of the law. Case 3: People of the Philippines vs. Zenaida Bolasa Y Nakoboan G.R. No. 125754 States that the police officers action
of peering into the household without a warrant is contrary to
law. Case 4: People of the Philippines vs. Belen Mariacos G.R.o. 188611 states that the customs officers of the airport are allowed to conduct searches without a warrant. Case 5: SEC. 7. Surveillance of Suspects and Interception and Recording of Communications. The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law) provides that only upon a written order by the Court of Appeals may the police use a tracking device. 5. The unifying policy is that the law should protect its people from warrantless searches and seizures however this is limited by certain exceptions, where the determination of probable cause is required.