PEOPLE v.

CHAN FOOK

G.R. No. L-16968

DOCTRINE: STATE RESPONSIBILITY

CONDUCT: Unreasonable search and seizure

ATTRIBUTION: State Actor-Custom Agent

FACTS:

Chan Fook, a Chinese subject, was a passenger of US Military Transport which arrived in Manila.
Having been allowed to land, he left his boat and went to pier to get his baggage. After
searching of the baggage, postcards of indecent characters were found. Cruz, a custom agent,
attempted to search the accused and the latter objected leading to a commotion. The customs
inspector explained to Chan Fook that Cruz was the custom’s secret agent and had the right to
search him. And so, Chan Fook made no further resistance and allowed himself to be searched.

Chan Fook was prosecuted for the crime of resistance and disobedience to the public authority.
The prosecution alleges that under section 1338 of the Administrative Code all persons coming
into the Philippine from foreign countries shall be liable to detention and search by the customs
authorities under such regulations as may be prescribed relative thereto.

Chan Fook contended that being allowed to leave the boat and land was already beyond the
jurisdiction of custom authorities and therefore not liable to search without judicial warrant.

ISSUE:

WON Chan Fook is guilty of the said crime

RULING:

The Court upheld that the constitutional right to be secured against unreasonable searches and
seizures shall not be violated and that foreigners in the Philippines are likewise entitled to the
benefits of the individual rights secured by the Philippine Bill.

It was found out that the search was unreasonable because it was beyond jurisdiction of
customs authority so Cruz who exceeded his power could not be said to be in the exercise of the
functions of his office. There was no ground for finding the accused guilty of the crime defined
in article 252 of the Penal Code.

The court reiterated that foreigners are entitled to the protection of their life, liberty, and
property.

Decision was reversed, and Chan Fook was acquitted.