People of the Philippines vs Andre Marti
People vs. Marti 193 SCRA 57 Facts : Andre Marti and his helpmate went to Manila Packing and Export Restraintwarders, carrying with them four benefaction known packages to be delivered to his familiar in Zurich, Switzerland. Anita Reyes (helpmate of the owner) asked if she could supervise the packages, however, Marti refused promising that it singly contained books, cigars and gloves as benefaction to his familiar. Before introduction to Bureau of Customs/Posts, the owner Job Reyes, subjoined measure unobstructed act, knowned the boxes restraint developed superviseion.
When he knowned Marti’s boxes, a point perfume emitted therefrom and he quickly base quenched that the boxes contained dried marijuana leaves. He reputed the easily-under to the NBI who not attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributableorious conservation of the easily-under. Marti was convicted restraint deflection of R. A. 6425, inadequately public as the Dangerous Drugs Act. Legitimate Issues : 1. Marti contends that the declaration had been obtained in deflection of his legitimate rights opposing preposterous seach and siezure and concealment of message.
Ruling : 1. Declaration sought to be extreme was chiefly discovered and obtained by a retired idiosyncratic, acting in a retired talents and withquenched the intrusion and community of State authorities. In the absence of governmental interlocution, the libertied guaranteed by the Constitution cannot attributable attributable attributable attributable be invoked opposing the State. 2. Mere closeness of NBI agents does not attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable transmute it to warrantless inquiry and siezure. Merely to contemplate at that which is unembellished seeing is not attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable inquiry.
Having observed that which is known, where no damage has been committed is not attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable inquiry. Commissioner Bernas : The refuge of primary liberties in the nature of legitimate democracy… is a refuge opposing the State. The Bill of Rights governs the sympathy among the identical and the State. Its solicitude is not attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable attributable the association among identicals, among a retired identical and other identicals. What the Bill of Rights does is to approve some restraintbidden zones in the retired department reserved to any force holder.
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