PEOPLE OF THE PHILIPPINES vs. ANDRE MARTI
Andre
G.R. No. 81561
January 18, 1991
FACTS:
Andre Marti went to “Manila Packing Export Forwarders” for his
package to be forwarded to his friend in Zurich Switzerland. He then
surrendered 4 boxes of package to a certain Anita Reyes a
proprietor. Anita Reyes asked the accused if she can open it.
However, the accused said that package only contained books. Prior
to the delivery of the package, a standard check has to be made
first. Anita Reyes discovered that the package contained a dried
leaves wrapped cellophane wrappers, which the owner suspected
as marijuana. Job Reyes sent a letter to National Bureau of
Investigation, and thereafter surrendered the packages. The
chemistry department confirmed that the dried leaves were actually
marijuana. Thereafter, an information was filed against the
appellant for violation of RA 6425 otherwise known as Dangerous
Drugs Act.
The court a quo found him guilty of violation of RA 6425.
Marti made an appeal to the Supreme Court assailing the evidence
obtained is inadmissible to the court.
ISSUE:
Whether or not, the marijuana which was discovered to his package
violates the Section2 of Bill of Rights.
RULING:
The Supreme Court held that it does not violate the section 2 of the
bill of rights.
If the search is made upon the request of law enforcers, a warrant
must generally be first secured if it is to pass the test of
constitutionality. However, if the search is made at the behest or
initiative of the proprietor of a private establishment for its own and
private purposes, as in the case at bar, and without the intervention
of police authorities, the right against unreasonable search and
seizure cannot be invoked for only the act of private individual, not
the law enforcers, is involved. In sum, the protection against
unreasonable searches and seizures cannot be extended to acts
committed by private individuals so as to bring it within the ambit of
alleged unlawful intrusion by the government.
In this case, a private individual discovered the package and later
surrendered it to the authority. The NBI was the one who conducted
a test to determine the alleged marijuana. Hence, the evidence is
still admissible to the court because there was no intervention
made by the public authority.