Question: Can a person be held liable if illegal items are found during a search of their property, even if they were not present during the search?

In the Philippines, the execution of search warrants is governed by strict legal procedures as outlined in the Constitution and the Rules of Court. A search warrant must be issued by a judge based on probable cause, supported by an oath or affirmation, particularly describing the place to be searched and the items to be seized.

Liability for Items Found During a Search

If illegal items, such as drugs or drug paraphernalia, are found during a lawful search of a person's property, several factors determine whether the person can be held liable:

Ownership and Control: The person may be held liable if they own or control the premises where illegal items are found. In legal terms, ownership or control of the premises can imply knowledge of the illegal items present unless proven otherwise.
Possession: Philippine law on illegal drugs, particularly under Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002), holds that possession of illegal drugs or paraphernalia is a crime. Possession, in this context, can be actual or constructive. Constructive possession occurs when a person, although not in physical possession of the illegal items, has control over the premises where the items are found.
Absence During the Search: If the person was not present during the search, it does not automatically absolve them of liability. The crucial factor is whether the person can be proven to have knowledge of the illegal items. If the person can prove that they had no knowledge of or control over the items found, they may not be held liable.
Arrest and Prosecution: After a search warrant is executed, and illegal items are found, the person responsible for those items may be subject to arrest and prosecution. Even if the person was not present during the search, an arrest warrant could be issued if there is sufficient evidence linking them to the illegal items.

Conclusion

In summary, the presence or absence of the individual during the search does not solely determine their liability. What matters is the person's connection to the premises and whether there is evidence to prove their knowledge or control of the illegal items found. Legal defense would require proving lack of knowledge or control over the seized items to avoid liability.