Exclusionary Rule under the Bill of Rights: Arrests, Searches, and Seizures

The Exclusionary Rule is a crucial principle in Philippine law, enshrined in Section 3(2), Article III of the 1987 Constitution, which forms part of the Bill of Rights. This rule is intricately related to the rights against unreasonable arrests, searches, and seizures under Section 2, Article III. The rule provides a remedy to individuals whose rights have been violated by unlawful searches and seizures, by excluding illegally obtained evidence from being admitted in court.

Constitutional Basis

Section 3(2), Article III of the 1987 Constitution states:

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

This constitutional provision anchors the Exclusionary Rule in the Philippine legal system. The “preceding section” refers to Section 2, Article III, which provides the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature.

Purpose and Rationale of the Exclusionary Rule

The Exclusionary Rule serves a dual purpose:

Deterrence – To deter law enforcement officers from conducting illegal searches and seizures, knowing that any evidence obtained in violation of the Constitution will be inadmissible in court.
Protection of Constitutional Rights – To ensure that the fundamental right to privacy and due process is respected and safeguarded against abuse by the government or its agents.

The rule is based on the principle that constitutional rights must be given primacy over the government's interest in prosecuting offenders. It ensures that the rights enshrined in the Bill of Rights are meaningful, as the threat of exclusion acts as a sanction against unlawful governmental conduct.

Application of the Exclusionary Rule

The Exclusionary Rule operates in the following manner:

Evidence obtained from unreasonable searches and seizures, such as those done without a valid warrant or an applicable exception, is inadmissible in court.
The inadmissibility applies to both direct evidence (e.g., drugs or firearms found during an illegal search) and derivative evidence (commonly referred to as “fruits of the poisonous tree,” such as confessions made as a result of an illegal search or seizure).

The rule applies to all criminal and civil proceedings where such evidence is sought to be introduced.

Grounds for Exclusion

Illegal Search and Seizure – If law enforcement officers conduct a search or seizure without a warrant, or under a defective or invalid warrant, the resulting evidence will be excluded.
Lack of Probable Cause – If a search warrant was issued without probable cause, the evidence obtained pursuant to that warrant is inadmissible.
Warrantless Searches Not Falling Under Exceptions – Warrantless searches and seizures are generally unreasonable unless they fall under specific, well-delineated exceptions.

Exceptions to the Exclusionary Rule: The Good Faith Exception

In Philippine jurisprudence, there is generally no "good faith exception" to the Exclusionary Rule, unlike in some jurisdictions like the United States. The Philippine Supreme Court has consistently held that the Exclusionary Rule is absolute—evidence obtained in violation of the Constitution is inadmissible, regardless of the good faith of the law enforcement officers. In cases like People v. Mamaril (1993) and People v. Compacion (1994), the Supreme Court ruled that evidence obtained in violation of constitutional rights cannot be allowed under any circumstances.

Permissible Warrantless Searches

While the Exclusionary Rule applies strictly, Philippine law recognizes specific exceptions where searches and seizures may be conducted without a warrant and the evidence obtained may still be admissible. These include:

Search incident to a lawful arrest – A person lawfully arrested may be searched for weapons or evidence that may have been used in the commission of a crime.
Plain view doctrine – If an officer is lawfully in a position to view an object, and its incriminating character is immediately apparent, it can be seized without a warrant.
Consented searches – Evidence obtained with the voluntary consent of the person being searched is admissible.
Stop and frisk – A limited search for weapons if there is a reasonable belief that the person is armed and dangerous (Terry v. Ohio doctrine).
Customs searches – Searches conducted by customs officials at borders and ports of entry.
Checkpoints – Roadblocks or checkpoints, provided they are established for a specific purpose, such as the enforcement of liquor bans, curfews, or traffic regulations.

"Fruits of the Poisonous Tree" Doctrine

Under this doctrine, any evidence derived from an illegal search or seizure is also inadmissible in court. For example, if law enforcement illegally seizes drugs from a suspect and subsequently, based on that seizure, extracts a confession, both the drugs and the confession are inadmissible as evidence. This rule extends the Exclusionary Rule to cover both direct and indirect evidence obtained as a result of the constitutional violation.

In Stonehill v. Diokno (1967), the Supreme Court emphasized that illegally seized evidence, as well as the fruits derived from such evidence, must be excluded to prevent the erosion of constitutional rights.

Suppression of Illegally Seized Evidence

The proper remedy for a violation of the Exclusionary Rule is to move for the suppression of the evidence. The defense must file a motion to suppress in the trial court, arguing that the evidence was obtained in violation of constitutional rights. Once the court grants the motion, the evidence is excluded and cannot be used by the prosecution.

Limitations of the Exclusionary Rule

Standing – The person invoking the Exclusionary Rule must have standing, meaning that they must have been the direct victim of the unconstitutional act. Only those whose rights were directly violated by the illegal search or seizure can challenge the admissibility of the evidence.
Impeachment Exception – In rare instances, evidence obtained in violation of constitutional rights may be used to impeach the credibility of a witness, though not to establish guilt.

Case Law: The Exclusionary Rule in Philippine Jurisprudence

The Philippine Supreme Court has continuously reinforced the Exclusionary Rule in various landmark cases:

Stonehill v. Diokno (1967) – This is the leading case on the application of the Exclusionary Rule in the Philippines. The Court ruled that evidence obtained through unlawful searches and seizures is inadmissible in any proceeding. This case established the doctrine of the "fruits of the poisonous tree" in the Philippine setting.
People v. Burgos (1986) – The Supreme Court excluded evidence obtained in a warrantless arrest that was not based on probable cause, thereby emphasizing the importance of the Exclusionary Rule in protecting individual liberties.
People v. Alicando (1995) – The Court ruled that a confession obtained as a result of an illegal arrest is inadmissible, as it is a fruit of the illegal seizure.
People v. Compacion (1994) – Reiterating the strict application of the Exclusionary Rule, the Court declared that even if the officers acted in good faith, the evidence obtained in violation of the Constitution remains inadmissible.

Conclusion

The Exclusionary Rule is a vital safeguard in Philippine law against abuses of power by law enforcement officers. It ensures that evidence obtained through unconstitutional means is excluded from trial, thereby protecting the fundamental rights guaranteed by the Bill of Rights. This rule applies strictly and without exception, underscoring the importance of constitutional due process in the Philippine justice system.