No warrant, no arrest inside homes - Ex SC Justice Carpio

Former Senior Associate Justice Antonio Carpio has reminded the country’s law enforcers that they could not enter a residence without the owner’s permission or a court warrant.

This following the viral video from a posh Makati subdivision where there was an altercation between a police officer and a foreigner that has sparked debates on the limits of the government’s implementation of the coronavirus enhanced community quarantine in Luzon.

“The rule is your private residence is your castle,” he said in an online press conference, when asked to react to the incident involving Javier Salvador Parra, who was seen confronting police officers in front of his house in Dasmariñas Village.

Spanish citizen Javier Salvador Parra berrating a police officer
(photo credit to PDI)

Carpio said a driveway is also considered part of the house and “protected against unreasonable searches and seizure.”

“I think the solution here is for media to explain to the police that there is this fundamental right of the Filipino people under the constitution that they cannot just enter a residence, including the driveway, without a court order, without a warrant of arrest or a search warrant,” he said.

“If policemen are educated (on this), then that could settle it.”

2 videos

One video was taken by the wife which shows the police officer tackling Parra on his driveway with his wife telling the officer that he was trespassing in their property and that the husband could not be arrested without a warrant.

The second video taken by the police shows that the police officer was calmly with the foreigner, who later lost his cool and told them to “get out of my house” and “f**k off.”

The police came to report that they were enforcing a city ordinance requiring people to wear face masks outdoors to help prevent the spread of the new coronavirus.

A househelp of Parra’s was allegedly seen not wearing one while watering plants outside.

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Report from ABS-CBN News

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