Cr 67 .

m 99 s e 71 vnGr z o[2e e ss-e piuLb omRSecond Division, Fernando (J): 4 concur, 1 took no partF /V Jolo Lema had been under strict surveillance by the f 85 C,c om tD s 3] m : s t c a M combined team of agents of the NBI, PC, RASAC, and City Police of Davao prior to itsapprehension at a private wharf inBatjak, Sasa, Davao City. M/V [Jolo Lema] was skippered (sic) by Capt. Aquilino Pantinopleand chartered byMr. Tomas Velasco. During the period from the latter part of August toSeptember 18, 1966, the said vessel was in Indonesian waters where itloaded copra and coffee beans from Taruna, Pitta, and Mangenito, all of Indonesia. In its trip to Indonesia it broughtvarious merchandise fromthe Philippines which were exchanged and/or bartered for copra andcoffee beans and subsequently taken to Davao City. Said vessel passedMarore, Indonesia on 18 September 1966 on its a way to Tahuna, Indonesia before proceeding to Davao City where it wasapprehended on 19September 1966. At about 3:00 p.m. of the said day, when the vessel wassearched and after Captain Pantinople informed the team thatVelasco, the charterer of the vessel,had other documents showing that vessel came from Indonesia carrying smuggled copra andcoffee, acombined team of Constabulary and Regional Anti-Smuggling Center operativesheaded by Earl Reynolds, Senior NBI Agent of Davao, proceededto the Velasco s room at theSkyroom Hotel in Davao City, to ask for said document. Velasco was not inside the hotel roomwhen they enteredthe room. There are conficting claims whether the manicurist Teofila Ibaezor whether Velasco s wife, who was allegedly inside the room atthat time, voluntarily allowedthe police officers to enter; and whether the police officers forcibly opened luggages and boxesfrom which onlyseveral documents and papers were found, then seized, confiscated and took away the same, or whether Mrs. Velasco volunteered to openthe suitcases and baggages of Velasco and delivered the documents and things contained therein to Reynolds. The Collector of Customs of Davao seized 1,480 sacks of copra and 86 sacks of coffee from the M/V motor vesselJolo Lema. The seizure was declared lawful by the Court of Tax Appeals, and its decision wasaffirmed by the Supreme Court on 29 November 1974 in Nasiad vs. Court of Tax Appeals (GR L-29318,November 29, 1974, 61 SCRA 238). In the present special civil action for certiorari, prohibition and mandamus; the only question left then iswhether the search conducted by a partyheaded by Reynolds without the search warrant for the hotel room of Velasco, who entered intoacontract with Jose G. Lopez, the awardee of such Philippine Reparations Commission vessel, for its operation and use ostensibly for fishing, isviolative of such constitutional provision.I hether there was consent on the part of the person who was the W : e u s occupant of the hotelroom then rented by Velasco.H here was an attempt on the part of Lopez and Velasco to T : d l e counteract the force of therecital of the written statement of Teofila Ibaez(allegedly wife of Tomas Velasco) by anaffidavit of one Corazon Y. Velasco, who stated that she is the legal wife of Velasco, and another byVelasco himself; reiterating that the person who was present at his hotel room was oneTeofila Ibaez, a manicurist by occupation. If suchindeed were the case, then it is much moreeasily understandable why that person, Teofila Ibaez, who could be aptly described as thewrongperson at the wrong place and at the wrong time, would have signified her consent readilyand immediately. Under the circumstances, that wasthe most prudent course of action. It wouldsave her and even Velasco himself from any gossip or innuendo. Nor could the officers of thelaw beblamed if they would act on the appearances. There was a person inside who from allindications was ready to accede to their request. Evencommon courtesy alone would have precluded them from inquiring too closely as to why she was there. Under all the circumstances,therefore,it can readily be concluded that there was consent sufficient in law to dispense with theneed for a search warrant Lopez vs Commissioner of Customs Download this Document for FreePrintMobileCollectionsReport Document Info and Rating

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