Corporation un-personified: The right of the "people" against unreasonable searches and seizures not applicable to corporations as artificial creations of law
Date of Publication
College of Law
The right against unreasonable searches and seizures, as one of the bases of the right to privacy, is said to be the “right most valued by all civilized men.” Given that the fundamental law of the land has clearly granted this right to natural persons, the question now is whether this right is also applicable to corporations as mere artificial beings existing only in contemplation of law. In view of such legal issue, this study posits that corporations do not have such constitutional right because they are not part of the “people” as contemplated under Article III, Section 2 of the 1987 Philippine Constitution. Moreover, considering that corporations owe their existence to the State, it is submitted that the latter should not be restricted in adopting intrusive measures in regulating these entities. To bolster the claim that corporations do not have the right against unreasonable searches and seizures, this study will ascertain the underlying intent of the framers of the said constitutional right. It will also examine various corporate theories as well as jurisprudence, both in the Philippines and the United States, pertinent to the issue. Nonetheless, to protect rights and interests prejudiced in cases of unreasonable searches and seizures in corporate premises or of corporate properties, the study proposes that corporate officers and/or stockholders should be the ones to have the legal standing to invoke such right. To achieve this end, this study will examine all relevant jurisprudence that provide the essential factors that should be considered in giving these individuals legal standing.
Archives, The Learning Commons, 12F Henry Sy, Sr. Hall
Searches and seizures—Philippines
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Adalem, J. C. (2015). Corporation un-personified: The right of the "people" against unreasonable searches and seizures not applicable to corporations as artificial creations of law. Retrieved from https://animorepository.dlsu.edu.ph/etd_masteral/6807