People of the Philippines vs Andre Marti

People vs. Marti 193 SCRA 57 Facts Andre Marti and his wife went to Manila Packing and Export Forwarders, carrying with them quaternion gift wrapped packages to be delivered to his admirer in Zurich, Switzerland. Anita Reyes (wife of the proprietor) asked if she could inspect the packages, however, Marti refused assuring that it only(prenominal) contained books, cigars and gloves as gift to his friend. Before slant to Bureau of Customs/Posts, the proprietor telephone line Reyes, following standard operating procedure, loose the boxes for final inspection.When he opened Martis boxes, a particular odor emitted therefrom and he soon found out that the boxes contained desiccated marijuana leaves. He reported the sequent to the NBI who acknowledged custody of the incident. Marti was convicted for violation of R. A. 6425, other than known as the Dangerous Drugs Act. organic Issues 1. Marti contends that the evidence had been obtained in violation of his inbuilt rights against un reasonable seach and siezure and privacy of communication.Ruling 1. Evidence want to be excluded was primarily discovered and obtained by a private person, acting in a private capacity and without the treatment and participation of State authorities. In the absence of governmental interference, the libertied guaranteed by the Constitution cannot be invoked against the State. 2. Mere presence of NBI agents does not exchange it to warrantless search and siezure. Merely to look at that which is plain sight is not search.Having notice that which is open, where no trespass has been committed is not search. Commissioner Bernas The protection of fundamental liberties in the bone marrow of constitutional democracy is a protection against the State. The Bill of Rights governs the relationship in the midst of the idiosyncratic and the State. Its concern is not the relation between individuals, between a private individual and other individuals. What the Bill of Rights does is to d eclare almost forbidden zones in the private line of business inaccessible to any power holder.