People vs.

Andre Marti, 193 SCRA 57 (1991)

- Constitutional Right to Privacy -

SC Ruling: (Deductive)

“The constitutional proscription against unlawful searches and seizures therefore

applies as a restraint directed only against the government and its agencies tasked with
the enforcement of the law. It is not meant to be invoked against acts of private
individuals. It will be recalled that Mr Job Reyes was the one who opened the box in the
presence of the NBI agents in his place of business. The mere presence of the NBI
agents did not convert the reasonable search effected by Mr. Reyes into a warrantless
search and siezure proscribed by the constitution. Merely to observe and look at that
which is in plain sight is not a search.”

1. The constitutional proscription against unlawful searches and seizures applies as

a restraint directed only against the government and its agencies tasked with the
enforcement of the law;
2. It is not meant to be invoked against acts of private individual;
3. Mr Job Reyes, who is a private individual, opened the box;
4. Mr Job Reyes did it in the presence of the NBI agents;
5. The mere presence of the NBI agents did not convert the reasonable search
effected by Mr. Reyes into a warrantless search and siezure proscribed by the
constitution;
6. Therefore, mere observance and looking at that which is in plain sight is not a
search.

Villegas v. Hiu Chiong Tsai Pao Ho, 86 SCRA 275 (1978)

 Substantive Due Process -

SC Ruling: (Inductive)

“Requiring a person before he can be employed to get a permit from the City Mayor of
Manila who may withhold or refuse it at will is tantamount to denying him the basic
right of the people in the Philippines to engage in a means of livelihood. While it is true
that the Philippines as a State is not obliged to admit aliens within its territory, once an
alien is admitted, he cannot be deprived of life without due process of law. This
guarantee includes the means of livelihood. The shelter of protection under the due
process and equal protection clause is given to all persons, both aliens and citizens.”

1. Requiring a person to get a permit from the City Mayor, who may withhold or
refuse it at will, is tantamount to denying him the basic right of the people in the
Philippines to engage in a means of livelihood;
2. The Philippines as a State is not obliged to admit aliens within its territory;
3. But once an alien is admitted, he cannot be deprived of life without due process
of law;
4. This guarantee includes the means of livelihood;
5. Therefore, the shelter of protection under the due process and equal protection
clause is given to all persons, both aliens and citizens.