People v.

Chua Ho San, 307 SCRA 432, (1999)

FACTS:
In response to reports of rampant smuggling of firearms and other contraband in La
Union, Cid and his men began patrolling the coastline. Almoite, a barangay captain
spotted a speedboat different from the usual boat used by fisherfolks in the area,
requested for police assistance. CID, Almoite and six other policemen proceeded to
the areas and observed the speedboat. A male passenger alighted carrying a
strawbag from the boat and run after seeing the officers. They were able to stop the
man and introduced themselves as officers. The man seems not to understand them
so they resorted to sign language and asked him to open the bag. Said bag
contained packets of yellowish crystals. They asked him to follow them but he did
not understand so CID placed his arms around him and escorted him to the station.
They looked for an interpreter to apprise him with his constitutional rights. He was
charged, tried and convicted of transporting shabu. Chua prays for the reversal of
the RTC decision and his acquittal before the Supreme Court
ISSUE:
Whether or not the rights against unreasonable searches and seizure is available to
aliens.
RULING:
Enshrined in the Constitution is the inviolable right to privacy of home and person. It
explicitly ordains that people have the right 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.
The scope of protection against unreasonable searches and seizures is available to
all persons, including aliens, whether accused of a crime or not.