Supreme Court Quashes Conviction Over Unlawful Seizure of Credit Cards
The Supreme Court of the Philippines acquitted Edgar Silvano Jr. of possessing counterfeit access devices under Republic Act No. 8484, also known as the Access Devices Regulation Act of 1998. The court held that the American Express cards used to convict him were unlawfully seized during a search warrant implementation for illegal drugs and drug-related items.
The National Bureau of Investigation obtained a search warrant for Silvano's residence, specifically authorizing a search for shabu and related items. However, NBI agents seized various objects beyond the authorized scope, including computers, ATM cards, laptops, a money counter, a dry seal, and card-related equipment.
The Supreme Court ruled that the plain view doctrine did not apply in this case because the discovery of the credit cards was not inadvertent. The NBI already knew about Silvano's alleged involvement in computer hacking and credit card fraud but chose to obtain a warrant only for the drug offense.