PAPA VS. MAGO
Facts: Mago, the owner of the goods that were
seized, when the truck transporting the goods was intercepted by the BOC,
questioned the validity of the search conducted by them since it was made
without any search warrant and whether the BOC has jurisdiction over the
forfeited goods.
Issue: Was the search conducted by the BOC valid?
Held:
Petitioner Martin
Alagao and his companion policemen had authority to effect the seizure without
any search warrant issued by a competent court. The Tariff and Customs Code
does not require said warrant in the instant case. The Code authorizes persons
having police authority under Section 2203 of the Tariff and Customs Code to
enter, pass through or search any land, inclosure, warehouse, store or
building, not being a dwelling house; and also to inspect, search and examine
any vessel or aircraft and any trunk, package, or envelope or any person on
board, or to stop and search and examine any vehicle, beast or person suspected
of holding or conveying any dutiable or prohibited article introduced into the
Philippines contrary to law, without mentioning the need of a search warrant in
said cases. 16 But in the search of a dwelling
house, the Code provides that said "dwelling house may be entered and
searched only upon warrant issued by a judge or justice of the
peace. . . ." 17 It is our considered view,
therefor, that except in the case of the search of a dwelling house, persons
exercising police authority under the customs law may effect search and seizure
without a search warrant in the enforcement of customs laws.
In, Carroll vs US, it was made lawful for customs officers
not only to board and search vessels within their own and adjoining districts,
but also to stop, search and examine any vehicle, beast or person on which or
whom they should suspect there was merchandise which was subject to duty, or
had been introduced into the United States in any manner contrary to law,
whether by the person in charge of the vehicle or beast or otherwise, and if
they should find any goods, wares, or merchandise thereon, which they had
probably cause to believe had been so unlawfully brought into the country, to
seize and secure the same, and the vehicle or beast as well, for trial and
forfeiture.