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Macad vs. People [CONCURRING OPINION, LEONEN, J.]

DOMINGO AGYAO MACAD @ AGPAD, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

G.R. No. 227366 | 2018-08-01

CONCURRING OPINION

LEONEN, J.:

This case involves a man who was both searched and arrested without a warrant. Thus, while this case requires analysis of the rules governing when arrests may be made without a warrant, due attention must also be given to the constitutional rights, which underpin these rules, in particular the right of persons against unreasonable searches and seizures.

Article III, Section 2 of the Constitution provides:
 
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches any seizures of whatever nature and for any purpose shall be inviolable, and no...