PEOPLE V.

MARTI
G.R. No. 81561. January 18, 1991

FACTS: Marti went to Manila Packing and Export Forwarders to send four gift-wrapped packages
to Switzerland. Anita Reyes, the proprietor, asked him if she could examine and inspect the
packages. However, Marti refused assuring her that the packages simply contained books, cigars,
and gloves. Before delivery of the package to the Bureau of Customs, Job Reyes, also the
proprietor and husband of Anita, following standard operating procedure, opened the box for final
inspection. When he opened it, a peculiar odor emitted from it. He also felt dried leaves inside the
packages. He contacted the NBI to examine it. Mr. Reyes brought out the box and opened it in
the presence of the NBI agents. Upon examination, it turned out to be dried marijuana leaves.
Marti was then charged of violation of RA 6425.

ISSUE: W/N the warrantless search and seizure by a private person are valid.

RULING: YES.

In the absence of governmental interference, the liberties guaranteed by the Constitution cannot
be invoked against the State. 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. Thus, it could only be invoked against the State to whom
the restraint against unreasonable exercise of power is imposed.

The contraband in the case at bar having come into possession of the Government without the
latter transgressing Marti’s rights against unreasonable search and seizure, the Court sees no
cogent reason why the same should not be admitted against him in the prosecution of the offense
charged. The general rule is if the search is made upon the request of law enforcers, a
warrant must be first secured. However, if the search is made at the initiative of the
proprietor of a private establishment for its own and private purposes, as in the case at
bar, and without the intervention of police authorities, the right against unreasonable
search and seizure cannot be invoked for only the act of private individual, not the law
enforcers, is involved. Thus, the protection against unreasonable searches and seizures cannot
be extended to acts committed by private individuals.

The mere presence of the NBI agents did not convert the reasonable search effected by Reyes
into a warrantless search and seizure proscribed by the Constitution. Merely to observe and look
at that which is in plain sight is not a search. Having observed that which is open, where no
trespass has been committed in aid thereof, is not search.