Notes for Demurrer Ariola

The Certificate of Inventory  itself reveals that the document was not signed by accused-
28

appellant Manabat or by his counsel or representative. Upon perusal of the records of the instant
case, the prosecution did not acknowledge such defect. Nor did the prosecution provide any
explanation whatsoever as to why accused-appellant Manabat was not able to sign the Certificate of
Inventory.

The sacred right against an arrest, search or seizure without valid warrant is not only ancient. It is
also zealously safeguarded. The Constitution guarantees the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable searches and seizures. Any evidence
obtained in violation of said right shall thus be inadmissible for any purpose in any proceeding.
Indeed, while the power to search and seize may at times be necessary to the public welfare, still it
must be exercised and the law implemented without contravening the constitutional rights of the
citizens; for the enforcement of no statute is of sufficient importance to justify indifference to the
basic principles of government. (Valdez v. People, G.R. No. 170180, 23 November 2007, citing
1

1987 Constitution, Article Ill, Section 2 and People v. Aruta, 351 Phil. 868, 895 (1998).