Article 3 Sec 2

6. Warrantless Searches and Seizures

D. Instances of Warrantless Searches and Seizures
ii. Plain View

1.25 Roan v. Gonzales, 145 SCRA 687

Facts:
A search warrant was issued by respondent judge (Gonzales) on May 10, 1984. Application for
the said search warrant was personally led by PC Capt. Mauro Quillosa. Together with Quillosa
were two witnesses (Esmael Morada and Jesusohilida), who presented to respondent judge
their respective afidavits. The application was not yet subscribed and sworn to, as such
respondent Judge proceeded to examine Quillosa on the contents of the application to ascertain
if he knew and understood the same. Afterwards, Quillosa subscribed and swore the said
application before respondent.

Petitioners (Joseno Roan) house was searched two days after the issuance of the search warrant. The
said search was performed by military authorities. Despite none of the articles listed in the warrant was
discovered, the officers who conducted the search found one Colt Magnum revolver and 18 live bullets
which they confiscated. The said items served as bases for the charge of illegal possession of firearms
against the petitioner.

Issue: Whether those seized from the petitioner could have been taken even without a warrant?

Ruling: No. Prohibited articles may be seized but only as long as the search is valid. In this case,
the Court found out that there was no valid search warrant. The applicant who asked for the
issuance of the search warrant was based on mere hearsay and not of information personally
known to him, as required by settled jurisprudence. In short, the military officers who entered the
petitioner's premises had no right to be there and therefore had no right either to seize the pistol
and bullets. It does not follow that because an offense is malum prohibitum, the subject
thereof is necessarily illegal per se. Motive is immaterial in mala prohibita, but the subjects
of this kind of offense may not be summarily seized simply because they are prohibited. A
search warrant is still necessary. INSTANCES WHERE WARRANTLESS SEARCH LEGAL
1. Incidental to lawful arrests

2. Moving vehicles

3. Waiver of right

4. Plain view doctrine

Case at bar does not fall within the accepted exceptions

o Exclusionary rule only practical means of enforcing the constitutional

injunction