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IN RE: SPECIAL REPORT ON THE ARREST OF ROGELIO M. SALAZAR, JR., SHERIFF IV, REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BOAC, MARINDUQUE, FOR VIOLATION OF REPUBLIC ACT NO. 9165, [DISSENTING OPINION, LEONEN, J.]

IN RE: SPECIAL REPORT ON THE ARREST OF ROGELIO M. SALAZAR, JR., SHERIFF IV, REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BOAC, MARINDUQUE, FOR VIOLATION OF REPUBLIC ACT NO. 9165, A.M. NO. P-16-3450 (FORMERLY A.M. No. 15-12-379-RTC) OFFICE OF THE COURT ADMINISTRATOR, COMPLAINANT, VS ROGELIO M. SALAZAR, JR., SHERIFF IV, REGIONAL TRIAL COURT-OFFICE OF THE CLERK OF COURT, BOAC, MARINDUQUE, RESPONDENT.

A.M. No. 15-05-136-RTC | 2018-12-04

DISSENTING OPINION

LEONEN, J.:

I disagree with the ponencia.

The right against unreasonable searches and seizures is absolute. If it is shown that the primary source, the "tree," was unlawfully obtained, any secondary evidence, the "fruit," derived from it is deemed inadmissible for any purpose in any proceeding.

On March 2, 2015, Anju O. Villanueva (Villanueva)[1] and Daphne Chloe G. Alcima (Alcima)[2] of the Philippine Drug Enforcement Agency applied for a search warrant to search the house of Sheriff Rogelio Salazar (Salazar) of the Office of the Clerk of Court, Regional Trial Court, Boac, Marinduque.[3]

On...