The right against unreasonable searches and seizures is a personal right.

The constitutional immunity from unreasonable searches and seizures, being

personal one, cannot be waived by anyone except 1) the person whose rights are
invaded or 2) one who is expressly authorized to do so in his or her behalf.

 The group of Lt. Quijardo were sent to verify the presence of CPP/NPA
members in Dagupan City.
 They put under surveillance the rented apartment of Rosemarie, sister of
someone whom they earlier arrested.
 They interviewed Luzviminda Morados, a visitor of Rosemarie, who stated that
she worked with Bernie Mendoza alias Basilio Damaso, the appellant.
 Together with Morados, they reached the house of Damaso where they saw
Luz Tanciangco, a helper. Tanciangco then allowed the group to enter inside the
house.
 The group of Lt. Quijardo entered the dwelling of Damaso without a valid
warrant when the latter was absent. They requested the persons in the house to
allow them to look around. In one of the rooms, they saw subversive materials which
they confiscated. They likewise brought the persons found in the house to the
headquarters for investigation and the persons revealed that Damaso was the lessee
of the house and owned the items confiscated.
 Based on this, Damaso was charged with illegal possession of firearms.
Whether the evidence is admissible? NO.
 The Court ruled that the law enforcers failed to comply with the requirements
of a valid search and seizure. None of these exceptions for a warrantless search is
present in this case.
 Moreover, the constitutional immunity from unreasonable searches and
seizures, being personal one, cannot be waived by anyone except 1) the person
whose rights are invaded or 2) one who is expressly authorized to do so in his or her
behalf.
 In this case, the records show that Damaso was not in his house at that time
Luz, his alleged helper, allowed the authorities to enter. There was no evidence that
would establish the fact that Luz was indeed Damaso’s helper or if it was true that
she was his helper, that Damaso had given her authority to open his house in his
absence.
 Being a helper, she does not qualify as a person authorized to waive such right
in representation of her employer.
 Thus, the search being invalid for lack of warrant, the evidence obtained
thereafter is inadmissible.