Article III Section 2 of the 1987 Constitution states that " 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 be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge 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. "
The abovestated provision of the Constitution is very important. It safeguard each and every citizen from unlawful searches and seizures. This provision eliminates the use of general warrants which is often times abused by the authorities. Any evidence obtained in violation of this provision shall be inadmissible for any purpose in any proceeding, as mentioned in Article 3 Section 3 par. 2 of the same Constitution.
A search and seizure can only be done with a valid warrant, except in those instances specified under the law, to wit: a warrantless search incidental to a lawful arrest, search under plain view doctrine, search of a moving vehicle, consented warrantless searches, stop & frisk, custom searches, exigent & emergency circumstances and checkpoints. There will be no valid search and seizure if there is no probable cause and the warrant did not particularly specify the things to be seized.
In 2002, to keep abreast with the latest technological advancement, the Supreme Court promulgated A.M. No. 02-1-06-SC which provides for the Rule on Search and Seizure in Civil Actions for Infringement of Intellectual Property Rights. Section 2 of the said rule provides that " The writ of search and seizure - Where any delay is likely to cause irreparable harm to the intellectual property right holder or where there is demonstrable risk of evidence being destroyed, the intellectual property right holder or his duly authorized representative in a pending civil action for infringement or who intends to commence such an action may apply ex parte for the issuance of writ of search and seizure directing the alleged infringing defendant or expected adverse party to admit into his premises the persons named in the order and to allow search, inspection, copying, photographing, audio and audiovisual recording or seizure of any document and article specified in the order.Section 16 of the same rule further states that " Seizure of computer disks or other storage devices - The seizure of a computer disk or any storage device may be executed in any of the following manner: (a) by the physical taking thereof; (b) by copying its contents in suitable device or disk provided by the applicant; or (c) by printing out the contents of the disk or device with the use of a printer. When the computer disks or storage device cannot be readily removed from the computer to which they are fitted, the sheriff may take the subject computer from the custody of the alleged infringing defendant, expected adverse party or person in charge or in control of the premises or residing or working therein.
In conclusion, our existing laws recognizes technology as a tool in the commission of a crime, but this recognition is subject to limitations by the constitutional provisions on searches and seizures. Evidences acquired through a valid warrant can be used for any purposes in any proceedings as long as those items are particularly specified in the said warrant as required by law.
No comments:
Post a Comment