Memorandum of Authorities

REPUBLIC OF THE PHILIPPINES COURT OF APPEALS MANILA Fourth Division

PEOPLE OF THE PHILIPPINES   Plaintiff-Appellee,

-versus-

CA-!R! CR-HC N"! #$%$&

MAR' (ILLEAS AN) MARTIN (ILLEAS   A**use+-Appellant ------------------------------------------------------

MEMORANDUM OF AUTHORITIES

 Appellant MARK VILLEGAS AND MARTIN , by counsel, to this Honorable Court, respectfully submits this Memorandum of Authorities, to wit:

On te issue "f te vali+it. "f te sear* sear*  an+ te a+/iss a+/issi0i i0ilit lit. . "f  evi+en*e a1ainst te/!

 Article III Section 2 of the 19! Constitution pro"ides for the ri#ht of the peopl people e to be secu secure re in their their perso persons ns,, house houses, s, paper papers, s, and and effe effect cts s a#ain a#ainst st unreasonable searches and sei$ures, pertinently pro"ides:

Section Section 2. %he ri#ht of the people to be secure in their 

persons, houses, papers, and effects a#ainst unreasonable sear search ches es and and sei$ sei$ur ures es of what whate" e"er er natu nature re and and for for any any

Brief for the Appellee PEOPLE VS. VILLEGAS

CA-G.R. CR-HC No. 06463 X----------------------------------------X

purpose shall be in"iolable, and no search warrant or warrant of arrest shall issue e&cept upon probable cause to be determined personally by the 'ud#e after e&amination under  oath or affirmation of the complainant and the witnesses he may produce, and particularly describin# the place to be searched and the persons or thin#s to be sei$ed(

 Article III Section ) *ara#raph 2 li+ewise emphasi$e the ri#ht of e"ery person in the abo"e #i"en statute which states:

(2) Any evidence obtained in violation of this or the  preceding section shall be inadmissible for any purpose in any   proceeding.

or an e"idence to be admissible the prosecution must pro"e that

the

e"idence

was

not

obtained

throu#h

the

an

ille#al

followin#

circumstances: 1( -"idence

unco"ered

in

arrest,

unreasonable search or coerci"e interro#ation, or  "iolation of a particular e&clusionary law( 2( %he poisonous tree is the e"idence sei$ed in an ille#al arrest, search or interro#ation( %he fruit of this poisonous tree is e"idence disco"ered because of  +nowled#e #ained from the first ille#al search, arrest, or interro#ation or "iolation of a law( )( It is based on the principle that e"idence ille#ally obtained by the state should not be used to #ain other e"idence because the ori#inal ille#ally obtained e"idence taints all those subse.uently obtained(

Brief for the Appellee PEOPLE VS. VILLEGAS

CA-G.R. CR-HC No. 06463 X----------------------------------------X

urthermore, the law only re.uires search and sei$ure without a warrant on the followin# situations:

1( Incidental to lawful arrest 2( Consented search /wai"er of ri#ht0 )( Search of mo"in# "ehicles ( -nforcement of customs laws ( Chec+points 3( 4A re.uirin# inspections or body chec+s in airports !( 5hen there are ille#al articles open to the eye and hand /plain "iew0 ( Stop6and6fris+ situations 9( -mer#ency 17( -nforcement of health and sanitary laws

It is clear on the #i"en pro"isions, that there is an e&clusi"e list as to when a search and sei$ure can be lawful despite of the absence of search warrant( A warrantless search can only be pro"en or the e"idence obtained without any warrant can only be admissible if one of the listed circumstances e&ist durin# the sei$ure( Section ) of 4ule 12 of the 4ules of Court pro"ides for the admissibility of  e"idence,

 Admissibility of evidence. — Evidence is admissible when it is relevant to the issue and is not excluded by the law of these rules.

Brief for the Appellee PEOPLE VS. VILLEGAS

CA-G.R. CR-HC No. 06463 X----------------------------------------X

Here, the prosecution cannot use the e"idences that was ta+en from the house of the accused because they were ta+en without any search warrant since it was already in "iolation of the constitution which also resulted to it inadmissibility necause it was e&cluded by the laws of the 4ules of Court(

It does not bear anythin# e"en thou#h there was a report the alle#ed suspects on the crime of homicide committed to the "ictim was done by people ridin# a pin+ motorcycle( %hat #i"en fact does not constitute any ri#ht on the authority to enter or to confront the careta+er to open the house as well as ta+e any e"idence that he may ha"e found in the house of the accused( %he 4eport that *81 -ricson recei"ed and the fact that he saw the motorcycle in the subdi"ision can be used to re.uest for a search warrant but not allow the same to enter the pri"ate property of the accused(

%he "iolation of the ri#ht to pri"acy produces a humiliatin# effect which cannot be rectified anymore( %his is why there is no other 'ustification for a search, e&cept a warrant( A search warrant to be "alid re.uires strict compliance with the Constitution( Section 2 Article III of the 19! Constitution is the constitutional basis of the rule on search and sei$ure(

 All told, appellants char#e of murder cannot be established usin# the #i"en e"idence due to its inadmissibility( %heir con"iction for the offense char#ed should necessarily be dismissed(

PRAYER WHEREFORE, it is respectfully prayed that the appealed ecision be REVERSED for lac+ of e"idence in accordance with the pre"ailin# law and

 'urisprudence( Ma+ati City, 8ctober 2, 271

Brief for the Appellee PEOPLE VS. VILLEGAS

CA-G.R. CR-HC No. 06463 X----------------------------------------X

AIMEE BERNADETTE B. QINONES

*ublic Attorneys 8ffice Counsel for Accused6Appellant 4oll of Attorney 12) MC;- Compliance Certificate II< 16261 I=* 21)< 16261< City of Manila *%4 12)3< 16261< City of Manila

Copy Furnished:

Att.! Re11ie Lan+rit" Solicitor General Suite 1234 Crown Tower  Tolentino Street, Sampaloc, Manila Roll o !ttorney 1234" MC#$ Compliance Certiicate %%& '(1)(14 %*+ 2134"& 1(14(14& City o Manila +TR 1234"& 1(2-(14& City o Manila

E2PLANATION

The ore.oin. *R%$F F/R T0$ !++$##$$ is ein. sered y re.istered mail due to lac o manpower to eect personal serice

AIMEE BERNA)ETTE B! 3UINONES

Counsel or the !ccused(!ppellant