Over and above probable cause: The application of the doctrine of reasonable expectation of privacy in the Philippine justice system
Date of Publication
2014
Document Type
Dissertation
Degree Name
Juris Doctor
College
College of Law
Department/Unit
Law
Honor/Award
Best thesis, 2014/1st batch
Thesis Adviser
Rosario Olivas-Gallo
Defense Panel Chair
Antonio P. Jamon, Jr.
Defense Panel Member
Antonio Kho, Jr.
Abstract/Summary
What is the true test of a valid warrantless search and seizure: a finding of probable cause alone or should this be supported by a finding of no reasonable expectation of privacy?
This paper aims to answer this very question.
At the inception of this abstract, current Philippine jurisprudence provides that a finding of probable cause, together with the exceptions or permissible intrusions established by case law, would justify a warrantless search and seizure. This thesis argues otherwise. This thesis argues that the standard of probable cause is not enough. A finding of probable cause alone does not, in fact, justify such. Rather, this thesis posits a two-tiered standard. For a warrantless search and seizure to be valid, there must exist both a finding of probable cause and no reasonable expectation of privacy.
This thesis employs a comparative methodology. The author conducted an in-depth study of existing Philippine jurisprudence on warrantless searches and seizures. At the same time, the author also undertook an in-depth study of existing American jurisprudence on warrantless searches and seizures. After acquiring a comprehensive understanding of both existing bodies of jurisprudence, this thesis weighed both approaches to warrantless searches and seizures. Such analysis formed the basis of the thesis conclusion.
Having analyzed both existing bodies of jurisprudence, this thesis concludes that it is necessary to adopt a two-tiered standard. The persuasive effect of American 3 jurisprudence exposes the fundamental incongruity in the Philippine law on searches and seizures. The right against unreasonable searches and seizures provides the basis for the right to privacy yet, the right against unreasonable searches and seizures do not measure reasonable expectation of privacy to determine a violation. Probable cause, as a standard, fails to limit the police power of the State. Thus, a two-tiered standard to determine whether there has been a valid warrantless search and seizure finds significance. For a warrantless search and seizure to be valid, there must exist both a finding of probable cause and no reasonable expectation of privacy.
Abstract Format
html
Language
English
Format
Accession Number
TG05579
Shelf Location
Archives, The Learning Commons, 12F Henry Sy Sr. Hall
Physical Description
69 leaves ; 1 computer optical disc
Keywords
Warrants (Law)--Philippines; Privacy; Right of--Philippines
Recommended Citation
Chua, C. C. (2014). Over and above probable cause: The application of the doctrine of reasonable expectation of privacy in the Philippine justice system. Retrieved from https://animorepository.dlsu.edu.ph/etd_honors/370
