Cops can’t just enter private residences without warrant amid quarantine measures, Carpio says

April 27, 2020

Members of the Philippine National Police (PNP) could not just enter the private residences, including their driveways, without any warrant despite the quarantine measures being implemented by the government to prevent the spread of coronavirus disease, former Supreme Court Associate Justice Antonio Carpio said on Monday.

Carpio said no laws, executive orders or ordinances could supersede the constitutional provision on the right of the people to be secure in their houses against unreasonable searches and seizures.

He said it is "inviolable" and if the cops would barge into a house, they should be armed with search warrant or warrant of arrest issued by the court.

"No EO, no ordinance can change that," Carpio said.

He also noted that even Republic Act No. 11469, otherwise known as the "Bayanihan Heal as One Act" states that nothing in the law shall be construed as an impairment, restriction or modification of the provisions of the Constitution.

As to RA No. 11332, or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act, Carpio noted that the statute provides the respect to the fullest extend possible, the rights of people to liberty, bodily integrity, and privacy while maintaining and preserving public health and security.

"In other words, the Constitution will prevail. If they (cops) have to enter private residence, they cannot just barge in. They have to get court order. That protection from unreasonable searches and seizure cannot be done away by any EO or ordinance," he stressed.

There were instances in the past that policemen just entered private property and threaten to sue people for allegedly violating the enhanced community quarantine.

Once incident was in a condominium compound in Taguig City where some of its tenants were reportedly staying in the common area, including pool.

Another instance was when policemen went to a house of a foreigner in a posh subdivision in Makati City after getting reports that the house helper was not wearing a mask while working near the driveway.

Carpio cited a jurisprudence in the United States from where the Philippines adopted its fundamental law, saying the driveway is part of a residence and the police could not just enter the driveway without search warrant or warrant of arrest from the court.

He said the police should not think that just because there is an enhanced community quarantine, they could just enter a residence.

In a press briefing on Monday, Presidential Spokesperson Harry Roque, quoting Interior and Local Government Secretary Eduardo Ano, however said the common areas in a condominium building are considered public place and therefore, people should not gather there.

Meanwhile, as to President Rodrigo Duterte's threat to declare martial law if the communist New People's Army continues with its atrocities, Carpio said, "we have to look at the gravity of the situation."

If the bases of the President to declare martial law were the hijacking of relief goods for the people and the NPA rebellion which has been going on for a long time, he expressed belief that those things did not warrant the declaration of martial law.

Currently, he noted that the people are experiencing difficulty in getting supplies and the situation could further worsen if martial law is declared.

"Martial law is an overkill," he said, adding that Duterte could just use his calling out power for the armed forces to help the police in maintaining peace and order while there is a state of health emergency in the country and quarantine measures have been put in place. Celerina Monte/DMS