SALVADOR VS. PEOPLE
Facts: Petitioners, PAL ground crew employees were allegedly
caught with dutiable goods (branded watches, etc) after PAF officers were
observing their conduct and found it to be suspicious during a special mission
given to them to make a routine surveillance to check on reports of alleged
trafficking and smuggling being facilitated by PAL employees.
Petitioners were
convicted. Hence, the present petition.
Issue: WON the seized items are admissible in evidence.
Held:
Here, it should be
noted that during the incident in question, the special mission of the PAF
operatives was to conduct a surveillance operation to verify reports of drug
trafficking and smuggling by certain PAL personnel in the
vicinity of the airport. In other words, the search made by the PAF team on
petitioner and his co-accused was in the nature of a customs search. As such, the
team properly effected the search and seizure without a search warrant since it
exercised police authority under the customs law.
In Papa vs. Mago, involving a customs search, we held that law enforcers
who are tasked to effect the enforcement of the customs and tariff laws are
authorized to search and seize, without a search warrant, any article, cargo or
other movable property when there is reasonable cause to suspect that the said
items have been introduced into the Philippines in violation of the tariff and
customs law. They may likewise conduct a warrantless search of any vehicle or person suspected of holding or conveying the
said articles, as in the case at bar.
In short, Mago clearly recognizes the power of the
State to foil any fraudulent schemes resorted to by importers who evade payment
of customs duties. The Government’s policy to combat the serious malady of
smuggling cannot be reduced to futility and impotence on the ground that dutiable
articles on which the duty has not been paid are entitled to the same
Constitutional protection as an individual’s private papers and effects. Here,
we see no reason not to apply this State policy which we have continued to
affirm.