Fruit of a Poisonous Tree - inadmissibility of illegally recovered evidence

Article III, Section 2 of the 1987 Philippine Constitution is emphatic regarding the inviolability of the right of every citizen or even foreigners, temporarily or permanently staying in the Philippines, to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose.

Evidence obtained from unreasonable searches and seizure shall be inadmissible in evidence in any part of the court’s proceedings, as such, acquittal of the accused is highly probable.

Generally, law enforcement officers should first secure a search warrant issued by a Judge predicated upon probable cause before conducting a search and seizure of any items alleged to be illegal or used in illegal activities. However, there are some exceptions to this rule which include the following: (1) search of a moving vehicle; (2) seizure in plain view; (3) customs search; (4) waiver or consented search; (5) stop-and-frisk situation; (6) search incidental to a lawful arrest and (7) exigent and emergency circumstance.

It should be emphasized that it is still the primary rule that a judicial search warrant should first be obtained by law enforcement officers before conducting search and seizure operations, a violation of this would make any evidence obtained without a valid search warrant inadmissible in evidence in any proceeding - they are the proverbial fruit of a poisonous tree.