MAGONCIA VS PALACIO

80 PHIL 770
FACTS:
ZacariasMagoncia was arrested for the crime of robbery by a band committed at the
homeofHilarioEnovejas in Pangasinan. The police chief ordered 4 policemen to go to
Magoncia's home. These policemen, without a search warrant, entered Magoncia's house
where Magoncia's wife scolded them for searching their home while Magoncia was not
around. The policemen found a paltik, a hand grenade, a box containing 42 rounds and some
pieces of cotton cloth owned by HilarioEnovejas.
A complaint of robbery by a band and illegal possession of firearm were filed against
the accused. For the complaint of illegal possession of firearms, Magoncia filed a motion
asking the trial court to order the return of the illegally seized effects and to order the Fiscal
(Palacio) to desist from using such effects as evidence. The trial court denied the
motion. Defendant now comes to the Supreme Court on certiorari and requests to revoke
the order of the trial court judge and to order the fiscal to desist from using the seized items
as evidence for the reason that they have been illegally seized.

ISSUE:
WON the defendant is entitled to the return of the items seized

HELD:
No.Republic Act No. 4 prohibits the possession of firearm; the mere possession is a
crime. Possession ofcontraband is punishable by law. The Constitution does not guarantee
immunity to a smuggler.Return of the items to the defendant and to prevent them from
being presented as evidence is toexonerate the crime punished by RA No. 4.

There is a wide distinction between the seizure of property lawfully within the
possession of aperson and the seizure of property held and used in violation of law. Thus
contraband articles andthose things which under the law one has no right to possess, for the
purpose of issue ordisposition, are not embraced in the protection of the constitutional
guaranty. Indeed, anindividual in the possession of such goods is entitled to no protection
whatsoever, for such goodsare not subject to ownership, and may be forfeited or destroyed.
They are, therefore, subject tosearch and seizure.