But in Lopez v.

Commissioner of Customs, 68 SCRA 320,

there was deemed a valid waiver where, upon a warrantless search of a hotel
room, consent and voluntary surrender of papers belonging to the registered but
absent occupant was given by a woman identified as the wife of the occupant
although it turned out later that she was, in fact, a mere manicurist.
This ruling
was not applied in People v. Asis, G.R. No. 142531, October 15, 2002, because
at the time the bloodstained pair of shorts was recovered, appellant Formento,
together with his wife and mother, was present. Being the subject of the search,
he himself should have given consent. Added to this is the fact that the appellant
is a deaf-mute who could not understand what was happening at the moment,
there being no interpreter to assist him. His seeming acquiescence to the search
without a warrant may be attributed to plain and simple confusion and ignorance.