Manila
FIRST DIVISION
G.R. No. L-41686 November 17, 1980
PEOPLE OF THE PHILIPPINES, petitioner,
vs.
COURT OF FIRST INSTANCE OF RIZAL, BRANCH IX, QUEZON CITY, presided by HON. ULPIANO SARMIENTO, JESSIE HOPE and MONINA MEDINA, respondents.
GUERRERO, J.:
This original petition for certiorari seeks to nullify the Order dated August 20, 1975 issued by District Judge Ulpiano Sarmiento in Criminal Case No. Q-3781 which stalled the prosecution of respondents Sgt. Jessie C. Hope and Monina Medina for the alleged violation of section 36011 of the Tariff and Customs Code. The order declared as inadmissible in evidence the allegedly smuggled articles obtained by apprehending agents in the course of a warrantless search and seizure. Dispositively, the order decreed:
WHEREFORE, in accordance with Article IV, Sec. 4, paragraph 2 of the present Constitution, the boxes and the watches and bracelets contained therein seized from the car of the accused Sgt. Jessie C. Hope, are hereby declared inadmissible in evidence in this case; likewise, the pictures taken of said items attempted to be presented as evidence in the instant case is hereby declared in admissible as evidence against the accused.
SO ORDERED.
The records disclose that one week before February 9, 1974, the Regional Anti-Smuggling Action Center (RASAC) was informed by an undisclosed Informer that a shipment of highly dutiable goods would be transported to Manila from Angeles City on a blue Dodge car. Spurred by such lead, RASAC Agents Arthur Manuel and Macario Sabado, on the aforesaid date and upon order of the Chief of Intelligence and Operations Branch, RASAC-MBA, Col. Antonio Abad, Jr., stationed themselves in the vicinity of the toll gate of the North Diversion Road at Balintawak, Quezon City.
At about 6:45 A.M. of the same day, a light blue Dodge car with Plate No. 21-87-73, driven by Sgt. Jessie Hope who was accompanied by Monina Medina approached the exit gate and after giving the toll receipt sped away towards Manila. The RASAC agents gave a chase and overtook Sgt. Hope's car. Agent Sabado blew his whistle and signaled Sgt. Hope to stop but the latter instead of heeding, made a U-turn back to the North Diversion Road, but he could not go through because of the buses in front of his car. At this point, the agents succeeded in blocking Sgt. Hope's car and the latter stopped. Manuel and Sabado who were in civilian clothes showed their Identification cards to respondents and introduced themselves as RASAC agents.
The Agents saw four (4) boxes on the back seat of the Dodge and upon inquiry as to what those boxes were, Sgt. Hope answered "I do not know." Further, respondents were asked where they were bringing the boxes, to which respondent Medina replied that they were bringing them (boxes) to the Tropical Hut at Epifanio de los Santos. Agent Sabado boarded the Dodge car with respondents while Agent Manuel took their own car and both cars drove towards Tropical Hut making a brief stop at the Bonanza where Agent Manuel called up Col. Abad by telephone.
Arriving at the Tropical Hut, the party, together with Col. Abad who had joined them waited for the man who according to Monina Medina was supposed to receive the boxes. As the man did not appear, Col. Abad "called off the mission" and brought respondents and their car to Camp Aguinaldo arriving there at about 9:00 A.M. (Respondents' Memorandum, records, pp. 180-183).
An inspection of Sgt. Hope's car at Camp Aguinaldo yielded eleven (11) sealed boxes, four (4) on the rear seat and seven (7) more in the baggage compartment which was opened on orders of Col. Abad. On the same order of the intelligence officer, the boxes were opened before the presence of respondents Hope and Medina, representatives of the Bureau of Internal Revenue, Bureau of Customs, P.C., COSAC and photographers of the Department of National Defense. The contents of the boxes revealed some "4,441 more or less wrist watches of assorted brands; 1,075 more or less watch bracelets of assorted brands" (based on a later inventory), supposedly untaxed.
As consequence, thereof, ASAC Chairman General Pelagio Cruz requested the Bureau of Customs to issue a Warrant of Seizure and Detention against the articles including the Dodge car. The Collector of Customs did issue the same on February 12, 1974. It was admitted, however, that when the apprehending agents arrested respondents and brought them together with the seized articles to the ASAC Office in Camp Aguinaldo, the former were not armed with a warrant of arrest and seizure.
In conjunction with the Warrant of Seizure and Detention issued by the Collector of Customs, seizure proceedings were instituted and docketed as Seizure Identification No. 14281 against the wrist watches and watch bracelets pursuant to Section 2530 (m) — 1 of the Tariff and Customs Code, and Seizure Identification No. 14281-A against the Dodge car pursuant to Section 2530(k) of the same Code.2
During the hearing of the aforesaid cases, respondents disclaimed ownership of the seized articles. Ownership was instead claimed by one Antonio del Rosario who intervened in the proceedings. The claimant-intervenor testified that he bought the watches and bracelets from Buenafe Trading as evidenced by a sales invoice certified to be authentic by the BIR Revenue Regional Office No. 6 of Quezon City, which transaction was entered in the book of accounts of aforesaid claimant; that the same articles were brought to a buyer in Angeles City, but when the sale failed to materialize, claimant contracted respondent Monina Medina to transport back the boxes to Manila for a consideration of P1,000.00 without disclosing the contents thereof which claimant simply represented as PX goods; that when he bought the watches from Buenafe, he presumed that the corresponding duties have already been paid, only to be surprised later on when he was informed that the same were seized for non-payment of taxes.
On the other hand, respondent Hope testified to the effect that at the time of apprehension, he had no knowledge of the contents of the boxes, and granting that he had such knowledge, he never knew that these are untaxed commodities that he consented to transport said boxes from Angeles City to Manila in his car upon request of his girl friend Monina as a personal favor; that he was not present when the boxes were loaded in his car nor was he ever told of their contents on the way. On the part of respondent Monina Medina, she testified that what she did was only in compliance with the agreement with Mr. Del Rosario to transport the boxes and deliver them to a certain Mr. Peter at the Tropical Hut who will in turn give her the contracted price; that Mr. Del Rosario did not reveal the contents of the boxes which she came to know of only when the boxes were opened at Camp Aguinaldo. As there was not enough evidence to controvert the testimonies of respondents and the narration of claimant Antonio del Rosario, the Collector of Customs issued his decision in the seizure cases on April 1, 1975 declaring that the seized articles including the car are not subject of forfeiture. The dispositive portion of this decision reads:
WHEREFORE, by virtue of Section 2312 of the Tariff and Customs Code, it is hereby ordered and decreed that the subject motor vehicle, one (1) Dodge, Model 1965, Motor No. 33859, Serial No. W357348361, File No. 2B-1884, with Plate No. EH 21-87, '73 covered by Seizure Identification No. 14281-A be, as it is hereby declared released to its registered owner, Jessie C. Hope, upon proper Identification. Relative to Seizure Identification No. 14281, it is further ordered and decreed that the subject matter thereof to wit: 4,606 pcs. of assorted brands of wrist watches, 1,399 pieces of assorted brands of wrist bracelets and 100 pcs. of tools be, as they are hereby likewise declared released to the rightful owner thereof, Antonio del Rosario, upon payment of the levitable duties, taxes and other charges due thereon plus a fine equivalent to 100% of the duties and taxes thereof. Furthermore, should claimant-intervenor fail to pay the assessable duties, taxes and other charges owing from the aforestated articles within 30 days from the time this decision becomes final and unappealable, the same shall be deemed abandoned in favor of the government to be disposed of in the manner provided for by law.
Meanwhile, on March 14, 1974, after the requisite preliminary investigation, the City Fiscal of Quezon City, finding the existence of a prima facie case against respondents Hope and Medina, filed Criminal Case No. Q-3781 in the Court of First Instance of Rizal (Quezon City). Upon arraignment on April 23, 1974, respondents pleaded not guilty. Trial commenced on January 28, 1975 and while the prosecution through its first witness, Agent Macario Sabado, was adducing as evidence the pictures of the eleven (11) boxes containing the assorted watches and watch bracelets, counsel for respondents objected to the presentation of the pictures and the subject articles on the ground that they were seized without the benefit of warrant, and therefore inadmissible in evidence under Section 4(2), Article IV of the New Constitution. After the parties have argued their grounds in their respective memoranda, respondent trial court issued the questioned order of August 20, 1975 as cited earlier. The prosecutions motion for reconsideration was denied on September 30, 1975. Hence, this petition which was treated as a special civil action in Our Resolution of May 5, 1976.
The substantive issue as urged in the petition is whether or not the seizure of the merchandise in a moving vehicle by authorized agents commissioned to enforce customs laws without warrant of seizure breaches the constitutional immunity against unreasonable search and seizure and therefore, such merchandise are inadmissible in evidence. Corollary to the issue is, has the trial court gravely abused its discretion in finding the affirmative?
The State holds on the proposition that the rules governing search and seizure had been liberalized when a moving vehicle is the object of the search and the necessity of a prior warrant has been relaxed on the ground of practicality, considering that before a warrant could be obtained, the place, things and persons to be searched must be described to the satisfaction of the issuing judge — a requirement which borders on impossibility in the case of smuggling effected by the use of a moving vehicle that can transport contraband from one place to another with impunity. Petitioner vigorously contends that contraband may be seized without necessity of a search warrant since the Constitution does not guaranty immunity to smugglers and that a warrantless seizure of contraband in a moving vehicle is justified by the traditional exception attached to the Fourth Amendment of the U.S. Constitution, and such exception must be adopted in interpreting the relevant provision in the new Philippine Constitution.
As counter argument, respondents maintain that the decision of the Collector of Customs in their seizure cases which has now become final and unappealable has made no pronouncement that the subject articles are smuggled items. More so, the decision has entirely cleared respondents of any liability or responsibility in the alleged smuggling activity and as a consequence, the decision has the direct effect of deciding finally that the watches and bracelets are not smuggled and that respondents have not violated the customs and tariff laws as charged in the criminal complaint. Respondents argue further that the interception of accused Jessie Hope's car by RASAC Agents while in the course of a normal trip without any order of the court and without having shown that the interception was necessary in the interest of national security, public safety or public health, is an impairment of the liberty of travel under section 5, Article IV of the 1973 Constitution. Finally, they claim that the agents had one week's time before the date of apprehension to secure the necessary warrant but since they failed to get this court order, the search of Hope's car and the spontaneous seizure of the boxes loaded therein and the contents thereof is a violation of the constitutional guarantee against "unreasonable searches and seizure of whatever nature and for any purpose" under section 3, Article IV of the fundamental law.
We find for petitioner. The opposing counsel's attempt to draw an Identity between the seizure cases and the present criminal action to the ultimate end that the decision in the former should be made decisive of the issue of criminal liability must be overruled. It is not accurate to say that the Collector of Customs made no findings that the articles were smuggled. In fact, what the Collector stated was that the prosecution failed to present the quantum of evidence sufficient to warrant the forfeiture of the subject articles (Pages 128 and 130 of Annex "E", Records, p. 109). In a general sense, this does not necessarily exclude the possibility of smuggling. But if the aim of a confirmation that the goods are indeed smuggled, is to draw an inference to tie up respondents' criminal liability, the Collector is not duty bound, nor is there any need for him to arrive at such a conclusion. It is quite clear that seizure and forfeiture proceedings under the tariff and customs laws are not criminal in nature as they do not result in the conviction of the offender nor in the imposition of the penalty provided for in section 3601 of the Code3 . As can be gleaned from Section 2533 of the code, seizure proceedings, such as those instituted in this case, are purely civil and administrative in character, the main purpose of which is to enforce the administrative fines or forfeiture incident to unlawful importation of goods or their deliberate possession. The penalty in seizure cases is distinct and separate from the criminal liability that might be imposed against the indicted importer or possessor and both kinds of penalties may be imposed.4
In the case at bar, the decision of the Collector of Customs, as in other seizure proceedings, concerns the res rather than the persona. The proceeding is a probe on contraband or illegally imported goods. These merchandise violated the revenue law of the country, and as such, have been prevented from being assimilated in lawful commerce until corresponding duties are paid thereon and the penalties imposed and satisfied either in the form of fines or of forfeiture in favor of the government who will dispose of them in accordance with law. The importer or possessor is treated differently. The fact that the administrative penalty befalls on him is an inconsequential incidence to criminal liability. By the same token, the probable guilt cannot be negated simply because he was not held administratively liable. The Collector's final declaration that the articles are not subject to forfeiture does not detract his findings that untaxed goods were transported in respondents' car and seized from their possession by agents of the law. Whether criminal liability lurks on the strength of the provision of the Tariff and Customs Code adduced in the information can only be determined in a separate criminal action. Respondents' exoneration in the administrative cases cannot deprive the State of its right to prosecute. But under our penal laws, criminal responsibility, if any, must be proven not by preponderance of evidence but by proof beyond reasonable doubt.
Considering now the critical area of the dispute, under the law, the authority of persons duly commissioned to enforce tariff and customs laws is quite exceptional when it pertains to the domain of searches and seizures of goods suspected to have been introduced in the country in violation of the customs laws. This Court had occasion to recognize this power granted to persons having police authority under Section 2203 of the Code, who in order to discharge their official duties more effecttively —
... may at anytime enter, pass through, or search any land or inclosure of any warehouse, store or other building not being a dwelling house. (Section 2208, emphasis supplied)
... (to) go aboard any vessel or aircraft within the limits of any collection district, and to inspect, search and examine said vessel or aircraft and any trunk, package, box or envelope on board, and search any person on board the said vessel or aircraft and to this end to hail and stop such vessel or aircraft if under way. to use all necessary force to compel compliance; and if it shall appear that any breach or violation of the customs and tariff laws of the Philippines has been committed, whereby or in consequence of which such vessels or aircrafts, or the article, or any part thereof, on board of or imported by such vessel or aircrafts, is hable to forfeiture to make seizure of the same or any part thereof.
The power of search herein above given shall extend to the removal of any false bottom, partition, bulkhead or other obstruction, so far as may be necessary to enable the officer to discover whether any dutiable or forfeitable articles may be concealed. (Section 2210)
or,
... (to) open and examine any box, trunk, envelope or other container wherever found when he has reasonable cause to suspect the presence therein of dutiable or prohibited article or articles introduced into the Philippines contrary to law, and likewise to stop, search and examine any vehicle, beast or person reasonably suspected of holding or conveying such article as aforesaid (Section 2211, emphasis supplied)
As enunciated in the leading case of Papa v. Mago 5, in the exercise of the specific functions aforecited, the Code does not mention the need of a search warrant unlike Section 2209 which explicitly provides that a "dwelling house may be entered and searched only upon warrant issued by a judge (or justice of the peace), upon swom application showing probable cause and particularly describing the place to be searched and person or thing to be seized." Aware of this delineation, the Court in that case expressed the considered view that "except in the case of the search of a dwelling house, persons exercising police authority under the customs law may effect search and seizure without a search warrant in the enforcement of customs laws.
The rationale of the Mago ruling was nurtured by the traditional doctrine in Carroll v. United States 6 wherein an imprimatur against constitutional infirmity was stamped in favor of a warrantless search and seizure of such nature as in the case at bar. On this stable foundation We refute the constitutional charge of respondents that the warrantless seizure violated Article IV, Section 3 of the 1973 Constitution, which finds origin in the Fourth Amendment of the American Constitution7
The Carroll doctrine arose from the indictment and conviction of George Carroll and partner for transporting in an automobile intoxicating liquor in violation of the National Prohibition Act. They assailed the conviction on the ground that the trial court admitted in evidence two of the sixty-eight bottles found by searching the automobile and eventual seizure of the same allegedly in violation of the 4th Amendment, and therefore that the use of the liquor as evidence was improper.8 To paraphrase the significant views of Mr. Chief Justice Taft, the legislative history of the Act clearly established the intent of Congress to make a distinction between the necessity for a search warrant in the search of private dwellings and that of automobiles and other road vehicles in the enforcement of the Act. This distinction is consistent with the 4th Amendment since the latter does not denounce an searches or seizures, but only such as are unreasonable. Searches and seizures without warrant are valid if made upon probable cause, that is, upon a belief reasonably arising out of circumstances known to the seizing officer, that an automobile or other vehicle contains that which by law is subject to seizure and destruction. 9 Similarly, other statutes of the Union such as the Act of 1789, Act of August 4, 1790, and Act of March 3, 1815, among others, construed in the light of the 4th Amendment had recognized the distinctive feature of a warrantless search of a ship motorboat, wagon, or automobile for contraband goods where it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought.10 In such a situation, what appears to the measure of legality of the seizure was formulated in this sense: "that the seizing officer shall have reasonable or probable cause for believing that the automobile which he stops and seizes has contraband liquor therein which is being illegally transported. " Therein the guarantee of the 4th Amendment was fulfilled. Where seizure is impossible except without warrant, the seizing officer acts unlawfully and at his peril unless he can show the court probable cause.11
The counsel for the State is candid enough to admit that the Anti-Smuggling Action Center tries its best to follow-up the more promising tips and information from informers, but ever often, the information proves false or the smugglers are forewarned.12 It is quite true the ASAC received one such information several days or a week before the encounter; but the fact that its agents failed to obtain a warrant in spite of the time allowance is not a sign that they have been remiss in their duty. The records hardly reveal anything certain and confirmatory of the report during the said period except the general knowledge that some highly dutiable goods would be transported from Angeles City to Manila in a blue Dodge automobile. Not even the trial court has made any findings that ASAC has established with exactitude the place to be searched and the person or thing to be seized. Lacking this essential determination, the agents could not have possibly secured a valid warrant even if they had foreseen its compelling necessity. For one thing, the information could have been just another false alarm. Providentially, however, things turned out differently when in the morning of February 9, 1974, the undisclosed Informer himself went along with the agents to the rendezvous point where at the appointed time he positively Identified an approaching car as the one described by him a week earlier to be the suspected carrier of untaxed merchandise. Clearly therefore, the agents acted not on the basis of a mere hearsay but on a confirmed information worthy of belief and probable cause enough for them to adopt measures to freeze the fleeting event.
We need not argue that the subjective phase of the police action taken by the ASAC Agents to effect the apprehension of the suspected violators can be anything less than the ensuing interception and stoppage of respondents' vehicle after a short chase. Neither can We sustain the argument that in doing so, the agents violated respondents' constitutional "liberty of travel". To recall again Mr. Chief Justice Taft: "(B)ut those lawfully within the country, entitled to use the public highways, have a right to free passage without interruption or search unless there is known to a competent official authorized to search, probable cause for believing that their vehicles are carrying contraband or illegal merchandise."13 What followed next in the scene was a simple inquiry as to the contents of the boxes seen inside the car. Respondents' baffled denial of knowledge thereof could not but only heighten the suspicion of a reasonable and inquisitive mind. Thus, the probable cause has not been any less mitigated.
The purpose of the constitutional guarantee against unreasonable searches and seizures is to prevent violations of private security in person and property and unlawful invasion of the sanctity of the home by officers of the law acting under legislative or judicial sanction and to give remedy against such usurpation when attempted.14 The right to privacy is an essential condition to the dignity and happiness and to the peace and security of every individual, whether it be of home or of persons and correspondence.15 The constitutional inviolability of this great fundamental right against unreasonable searches and seizures must be deemed absolute as nothing is more closer to a man's soul than the serenity of his privacy and the assurance of his personal security. Any interference allowable can only be for the best of causes and reasons. We draw from the context of the Constitution that an intended search or seizure attains a high degree of propriety only when a probable cause duly determined is branded on a warrant duly issued by a judge or other responsible person as may be authorized by law. Not invariably, however, the reasonableness or unreasonableness of the interference is not wholly defendent on the presence of a warrant or the lack of it. In the ordinary cases where warrant is indispensably necessary, the mechanics prescribed by the Constitution and reiterated in the Rules of Court must be followed and satisfied. But We need not argue that there are exceptions. Thus, in the extraordinary events where warrant is not necessary to effect a valid search or seizure, or when the latter cannot be performed except without warrant, what constitutes a reasonable or unreasonable search or seizure becomes purely a judicial question, determinable from the uniqueness of the circumstances involved, including the purpose of the search or seizure, the presence or absence of probable cause, the manner in which the search and seizure was made, the place or thing searched and the character of the articles procured.16
The ultimate question then, if any, that should confront the actuations of the ASAC Agents in this case is whether the warrantless search and seizure conducted by them is lawful or not. We have already seen that what they did was a faithful performance of a duty authorized under the Tariff and Customs Code directing them as authorized agents to retrieve articles reasonably suspected of having been possessed, issued or procured in violation of the tariff laws for which the government has a direct interest. The official capacity of the agents has never been questioned by respondents. Neither did respondents raise an issue on the constitutionality of the law giving the agents the power to act as mandated. There 'is no question that the Agents have not exceeded their authority nor have they acted so licentiously to bear upon respondents moral embarrassment or substantial prejudice beyond what is necessary. The purpose of the search and seizure is more than clear to Us, hence, We rule out the suspicion that the intention is only to elicit evidence to be used against respondents.
We do not see strong justification for the trial court's failure to recognize the circumstances at bar as among the "rare cases" which it admittedly conceded to be exempted from the requirement of a warrant.17 The lapse lies on the dismal gap in the trial court's developmental treat- ment of the law on arrest, search and seizure. It missed the vital distinction emphatically laid down in Boyd v. United States 18 which was cited in Carroll with "particular significance and applicability." Thus, We quote Mr. Justice Bradley in Boyd:
... The search and seizure of stolen or forfeited goods, or goods liable to duties and concealed to avoid the payment thereof, are totally different things from a search for and seizure of a man's private books and papers for the purpose of obtaining information therein contained, or of using them as evidence against him, The two things differ in toto coelo. In the one case, the government is entitled to the possession of the property; in the other it is not. The seizure of stolen goods is authorized by the common law; and the seizure of goods forfeited for a breach of the revenue laws or concealed to avoid the duties payable on them, has been authorized by English statutes for at least two centuries past; and the like seizure have been authorized by our revenue acts from the commencement of the government. The first statute passed by Congress to regulate the collection of duties, the Act of July 31, 1789. 1 State at L. 29, 43, chap. 5, contains provisions to this effect. As this act was passed by the same Congress which proposed for adoption the original Amendments to the Constitution, it is clear that the members of that body did not regard searches and seizures of this kind as 'unreasonable' and they are not embraced within the prohibition of the Amendment. So also the supervision authorized to be exercised by officers of the revenue over the manufacture of custody of excisable articles, and the entries thereof in books required by law to be kept for their inspection, are necessarily excepted out of the category of unreasonable searches and seizures. So also the laws which provide for the search and seizure of articles and things which it is unlawful for a person to have in his possession for the purpose of issue or disposition, such as counterfeit coin, lottery tickets, implements of gambling, etc. are not within this category. Commonwealth v. Dana, 2 Met 329. Many other things of this character might be enumerated. (Emphasis supplied).
Recently, in Viduya v. Berdiago19 " this Court reiterated the controlling force of the Papa v. Mago ruling hereinbefore cited and the persuasive authority of the leading decision in Carroll v. U.S., supra, and in explaining the rationale of the doctrine significantly said that "(i)t is not for this Court to do less than it can to implement and enforce the mandates of the customs and revenue laws. The evils associated with tax evasion must be stamped out — without any disregard, it is to be affirmed, of any constitutional right ...
The circumstances of the case at bar undoubtedly fall squarely within the privileged area where search and seizure may lawfully be effected without the need of a warrant.ᇈWᑭHIL The facts being no less receptive to the applicability of the classic American ruling, the latter's force and effect as well as the Mago decision must be upheld and reiterated in this petition. the find that the constitutional guarantee has not been violated and the respondent court gravely erred in issuing the order of August 20, 1975 declaring as inadmissible evidence the items or articles obtained and seized by the apprehending agents without any search warrant, as well as the pictures of said items attempted to be presented as evidence against the accused.
Notwithstanding the reversal and setting aside of the order of respondent judge assailed herein, thereby allowing the introduction and admission of the subject prohibited articles in the trial of the accused Jessie C. Hope and Monina Medina for alleged smuggling, in the interest of speedy justice, the prosecution is directed forthwith to re-assess and re-evaluate the evidence at its disposal, considering the lapse of time since the trial commenced on June 28, 1975 and was thus delayed due to the filing of the instant certiorari petition and that on April 1, 1975, after seizure proceedings initiated by the Collector of Customs, the said articles were ordered released upon payment of the leviable duties, taxes and other charges due thereon plus a fine equivalent to 100% of the duties and taxes thereof. After such re-assessment and re-evaluation, the prosecution must promptly take the necessary action on the premises for the protection of the rights and interests of all parties concerned.
WHEREFORE, the Order appealed from is hereby set aside and the case is ordered remanded for further trial and reception of evidence without excluding the articles subject of the seizure or for such action as the prosecution may take after the re-assessment and re-evaluation of its evidence as hereinabove directed.
This judgment is immediately executory.
SO ORDERED.
Makasiar, Fernandez, De Castro * and Melencio-Herrera, JJ., concur.
Teehankee, J., files a separate opinion.
Footnotes
1 Section 3601. Unlawful Importation. — Any person who shall fraudulently import or bring into the Philippines, or assist ill so doing any articles, contrary to law, or shall receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such article after importation, knowing the same to have been imported contrary to law, shall be guilty of smuggling and shall be punished with:
x x x x x x x x x
In applying the above scale of penalties, if the offender is an alien and the prescribed penalty is not death, he shall be deported after serving the sentence without further proceedings for deportation. If the offender is a government official or employee, the penalty shall be the maximum as hereinabove prescribed and the offender shall suffer an additional penalty of perpetual disqualification from public office, to vote and to participate in any public election.
When, upon trial for violation of the section, the defendant is shown to have had possession of the article in question, possession shall be deemed sufficient evidence to authorize conviction unless the defendant shall explain the possession to the satisfaction of the court; Provided, however, That payment of the tax due after apprehension shall not constitute a valid defense in any prosecution under this action. (As amended by R.A. No. 4712, approved on June 18, 1966).
2 Section 2530. Property Subject to Forfeiture Under Tariff and Customs Laws. Any vehicle, vessel or aircraft, cargo, articles and other objects shall, under the following conditions be subjected to forfeiture:
x x x x x x x x x
k. Any conveyance actually being used for the transport of articles subject to forfeiture under the tariff and customs laws, with its equipment or trappings, and any vehicle similarly used, together with its equipment and appurtenances including the beast, steam or other motive power drawing or propelling the same. The mere conveyance of contraband or smuggled articles by such beast or vehicle shall be sufficient cause for the outright seizure and confiscation of such beast or vehicle, but the forfeiture shall not be effected if it is established that the owner of the means of conveyance used as aforesaid is engaged as common carrier and not chartered or leased, or his agent in charge thereof at the time, has no knowledge of the unlawful act;
x x x x x x x x xℒαwρhi৷
m. Any article sought to be imported or exported:
(1) Without going through a customhouse, whether the act was consummated frustrated or attempted;
x x x x x x x x x
3 See Lazatin v. Commissioner of Customs, G.R. No. L-19753, July 30, 1969, 28 SCRA 101 6.
4 Pascual v. Commissioner of Customs, G.R. No. L-12219, April 15, 1962, 4 SCRA 1020.
5 G.R. No. L-27360, February 28, 1968, 22 SCRA 857.
6 69 L ed. (267 U.S. 131), p. 543 (1924).
7 PHIL. CONST (1973), Art. IV, Sec. 3.
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall not be violated, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined by the judge, or such other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce and particularly describing the place to be searched and the persons or things to be seized.
FOUR THE AMENDMENT, AMERICAN CONST
The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issued, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
8 Carroll v. United States, supra at 544,
9 Id., at 549.
10 Id., at 551,
11 Id., at 553.
12 Records, p. 50.
13 Carroll v. United States, supra at 552.
14 Adams v. New York, 192 U.S. 858; Alvero v. Dizon, 76 Phil. 637 (1946).
15 Tanada & Carreon, Political Law of the Philippines, Vol. 2, 139 (1962).
16 Cf. Alvarez v. Court of First Instance of Tayabas, 64 Phil. 33 (1937).
17 See Records, p. 68.
18 29 Led.(116 U.S. 616)746, 748(1885).
19 G.R. No. L-29218, October 29, 1976, 73 SCRA 553,562.
* Mr. Justice de Castro was designated to sit with the First Division.
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