G.R. No. L-6800, November 16, 1911
THE UNITED STATES, plaintiff-appellee, vs. VALERIANO DE LOS REYES and GABRIELA ESGUERRA, defendants-appellants.

FACTS

Revenue officials searched the Manila house of Valeriano de los Reyes for opium without a warrant. Valeriano initially refused entry, asserting the officers’ lack of authority, but did not physically resist. During the search, Gabriela Esguerra, a visitor from out of town, threw a package containing morphine out of a kitchen window. The package was recovered. Valeriano was in the front part of the house during the incident. The prosecution presented no direct evidence that Valeriano knew the morphine was in his house. The trial court inferred his knowledge solely from his initial refusal to allow the warrantless search.

ISSUE

Was the evidence sufficient to convict Valeriano de los Reyes for “knowingly having on his premises” opium under Section 31 of Act No. 1761 , based on the inference drawn from his refusal to consent to a warrantless search?

RULING

No. The Supreme Court reversed Valeriano’s conviction and acquitted him. The inference of knowledge drawn from his refusal to permit a warrantless search was insufficient and legally erroneous. A person has a constitutional and statutory right to refuse a warrantless search of their premises. Exercising this right cannot be used as evidence of guilt. The morphine was found to be in the exclusive possession and control of the visitor, Gabriela Esguerra, with no evidence linking Valeriano to it. As to Gabriela Esguerra, the Court affirmed her guilt based on clear evidence of her possession and attempt to dispose of the morphine, but modified her penalty from six months’ imprisonment to a fine of P300.