The Supreme Court, in Bulauitan v. People, overturned a conviction for illegal possession of dangerous drugs, emphasizing the critical importance of adhering to constitutional protections against unreasonable searches and seizures. The Court held that a search conducted without strict compliance with the witness requirements outlined in the Rules of Criminal Procedure renders any evidence obtained inadmissible. This decision reinforces the principle that law enforcement’s duty to combat crime does not supersede the fundamental rights of individuals, and any evidence obtained in violation of these rights is inadmissible in court.

When Police Procedure Compromises Constitutional Rights: The Bulauitan Case

Edmund Bulauitan was found guilty by the Regional Trial Court (RTC) of illegal possession of dangerous drugs, a violation of Section 11, Article II of Republic Act No. (RA) 9165, also known as the “Comprehensive Dangerous Drugs Act of 2002.” The prosecution’s case rested on evidence seized during a search of Bulauitan’s residence. The search was conducted under a warrant but the implementation of the search warrant became the central issue in the appeal.

Bulauitan appealed the RTC’s decision, arguing that the search was conducted improperly. The Court of Appeals (CA) affirmed his conviction, leading him to elevate the case to the Supreme Court. The Supreme Court then had to determine whether the search was conducted in a manner consistent with the constitutional requirements, and whether the evidence obtained could be used against Bulauitan.

The Supreme Court emphasized the constitutional guarantee against unreasonable searches and seizures, enshrined in Section 2, Article III of the 1987 Constitution, stating that a search and seizure must be carried out through or on the strength of a judicial warrant predicated upon the existence of probable cause, absent which such search and seizure becomes “unreasonable” within the meaning of the said constitutional provision. This is a cornerstone of individual liberty, ensuring that the state does not intrude upon personal privacy without proper justification and procedure.

Further protecting individuals from potential abuse, Section 3(2), Article III of the 1987 Constitution, known as the **exclusionary rule**, mandates that evidence obtained from unreasonable searches and seizures shall be inadmissible in evidence for any purpose in any proceeding. This means that even if the evidence is relevant and probative, it cannot be used against the accused if it was obtained through an unlawful search. The Court invokes the concept of the “fruit of the poisonous tree,” meaning that any evidence derived from an illegal search is tainted and inadmissible.

The Court then focused on the specific requirements for conducting a search under a warrant, as outlined in Section 8, Rule 126 of the Revised Rules of Criminal Procedure. This rule requires that No search of a house, room or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. This provision ensures that the search is conducted fairly and transparently, safeguarding the rights of the individual being searched.

The Supreme Court has consistently emphasized the mandatory nature of this rule. In People v. Go, the Court held that preventing the lawful occupant or a member of his family from actually witnessing the search and choosing two (2) other witnesses to observe the search violates the spirit and letter of the law, and thus, taints the search with the vice of unreasonableness, rendering the seized articles inadmissible due to the application of the exclusionary rule. This highlights the importance of adhering to the prescribed procedure, as deviations can render the entire search invalid.

In People v. Del Castillo, the Court reiterated that the search of premises must be witnessed by the lawful occupant or family members; otherwise, the search becomes unreasonable, making the seized items inadmissible under the exclusionary rule. These rulings underscore the judiciary’s commitment to protecting constitutional rights during law enforcement operations.

In Bulauitan’s case, the Supreme Court found significant inconsistencies in the testimonies of the police officers involved in the search. P/Insp. Bulayungan testified that Bulauitan was present when the search began, while PO3 Tagal stated that Bulauitan was not present. This discrepancy raised doubts about the credibility of the officers’ accounts.

Moreover, the Court noted that Bulauitan’s daughter, Maria, was effectively prevented from witnessing the search of her father’s room. While SPO2 Baccay conducted the search, PO3 Tagal kept Maria in the living room, searching the area and questioning her. Furthermore, Maria was instructed to leave the residence to contact her father, leaving the premises unattended by a family member during a crucial part of the search. The police instructed Maria to contact her father via telephone, which she could only do by leaving their residence and going to the house of a certain Dr. Romeo Bago (Dr. Bago) to use the telephone therein.

The testimony of Kgd. Soliva further corroborated the defense’s claim. He stated that Bulauitan was not present during the search, and Maria was not able to witness the search. Even he and Kgd. Polonia, the two witnesses designated by the barangay chairman, did not witness the search as they remained outside Bulauitan’s residence. This confirmed that the search was not conducted in accordance with the requirements of Section 8, Rule 126 of the Revised Rules of Criminal Procedure.

Considering these violations of established procedure, the Supreme Court concluded that the search of Bulauitan’s residence was unreasonable. As a result, the three plastic sachets containing 0.22 grams of shabu, which formed the basis of the charges against Bulauitan, were deemed inadmissible as evidence. Since the confiscated shabu was the very corpus delicti of the crime charged, Bulauitan was acquitted and exonerated from all criminal liability.

The Supreme Court emphasized the importance of upholding constitutional rights even in the pursuit of legitimate law enforcement goals. The Court noted that it is less evil that some criminals should escape than that the government should play an ignoble part. It is simply not allowed in the free society to violate a law to enforce another, especially if the law violated is the Constitution itself.

FAQs

What was the key issue in this case?	The key issue was whether the search of Bulauitan’s residence was conducted in accordance with the requirements of the Revised Rules of Criminal Procedure, specifically regarding the presence of witnesses during the search.
What is the exclusionary rule?	The exclusionary rule, as stated in Section 3(2), Article III of the 1987 Constitution, prevents illegally obtained evidence from being admissible in court. This rule ensures that law enforcement officers respect individual rights during investigations.
What does Section 8, Rule 126 of the Revised Rules of Criminal Procedure require?	Section 8, Rule 126 requires that a search be conducted in the presence of the lawful occupant, a family member, or, in their absence, two witnesses of sufficient age and discretion residing in the same locality. This ensures transparency and protects against potential abuse during searches.
Why was the evidence in this case deemed inadmissible?	The evidence was deemed inadmissible because the search was not conducted in accordance with Section 8, Rule 126. Specifically, Bulauitan was not present, his daughter was prevented from witnessing the search, and the designated barangay officials remained outside the residence during the search.
What was the Supreme Court’s ruling?	The Supreme Court reversed the Court of Appeals’ decision and acquitted Bulauitan. The Court held that the illegal search rendered the evidence inadmissible, and without the evidence, the prosecution could not prove Bulauitan’s guilt beyond a reasonable doubt.
What is the significance of the “fruit of the poisonous tree” doctrine?	The “fruit of the poisonous tree” doctrine extends the exclusionary rule to evidence derived from an illegal search or seizure. This means that any evidence obtained as a result of an illegal act is also inadmissible in court.
How does this case affect law enforcement procedures?	This case reinforces the need for strict adherence to procedural rules when conducting searches and seizures. Law enforcement officers must ensure that the search is conducted in the presence of the required witnesses and that all constitutional rights are respected.
What was the corpus delicti in this case?	The corpus delicti in this case was the confiscated shabu. Since the evidence was ruled inadmissible due to the illegal search, the prosecution could not prove the essential elements of the crime of illegal possession of dangerous drugs.

The Supreme Court’s decision in Bulauitan v. People serves as a potent reminder of the judiciary’s role in safeguarding constitutional rights. It underscores the importance of strict adherence to procedural rules during law enforcement operations. This ruling protects individuals from unreasonable searches and seizures, ensuring that the pursuit of justice does not come at the expense of fundamental liberties.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: EDMUND BULAUITAN Y MAUAYAN v. PEOPLE, G.R. No. 218891, September 19, 2016