Case Digest: People vs. Evaristo, G.R. No. 93828, Dec. 11, 1992

      Unreasonable Search and Seizures; Plain View Doctrine | Constitutional Law


Facts:

Peace officers heard gunshots and pursued the shooter to the nearby house of Evaristo. Upon entering the premises and searching for the shooter, the officers discovered a noticeable bulge around the waist of Carillo, who admitted it to be a .38 revolver. 

The firearm was confiscated, and Carillo was invited for questioning. Sgt. Romeroso then asked Evaristo's permission to search the house, which was granted, and several firearms and paraphernalia were found in the sala.

Evaristo was convicted of illegal possession of firearms and argued that the seizure of evidence was inadmissible because it was not authorized by a valid warrant.


Issue:

WoN the lower court erred in admitting exhibits "B" to "F" in evidence considering that those are illegally seized evidence.


Ruling:

The rule that searches and seizures must be supported by a valid search warrant is not an absolute and inflexible rule, for jurisprudence has recognized several exceptions to the search warrant requirement. Among these exceptions is the seizure of evidence in plain view. Thus, it is recognized that objects inadvertently falling in the plain view of an officer who has the right to be in the position to have that view, are subject to seizure and may be introduced in evidence.

The records in this case show that Sgt. Romerosa was granted permission by the appellant Evaristo to enter his house. The officer's purpose was to apprehend Rosillo whom he saw had sought refuge therein. Therefore, it is clear that the search for firearms was not Romerosa's purpose in entering the house, thereby rendering his discovery of the subject firearms as inadvertent and even accidental.

With respect to the firearms seized from the appellant Carillo, the Court sustains the validly of the firearm's seizure and admissibility in evidence, based on the rule on authorized warrantless arrests.


Recit Version

Facts:

Peace officers heard gunshots and pursued the shooter to the nearby house of Evaristo. Upon entering the premises and searching for the shooter, the officers discovered a noticeable bulge around the waist of Carillo, who admitted it to be a .38 revolver. 

The firearm was confiscated, and Carillo was invited for questioning. Sgt. Romeroso then asked Evaristo's permission to search the house, which was granted, and several firearms and paraphernalia were found in the sala.

Evaristo was convicted of illegal possession of firearms and argued that the seizure of evidence was inadmissible because it was not authorized by a valid warrant.

Issue:
WoN the lower court erred in admitting exhibits "B" to "F" in evidence considering that those are illegally seized evidence.

Ruling:
The rule that searches and seizures require a valid search warrant is not absolute, and there are exceptions such as the seizure of evidence in plain view. In this case, Sgt. Romerosa was granted permission by appellant Evaristo to enter his house to apprehend Rosillo. The search for firearms was not Romerosa's purpose, making the discovery of firearms inadvertent and accidental, but the firearms seized from Carillo were validly seized under the rule on authorized warrantless arrests.

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