Art. 130. Searching domicile without witnesses. — The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality.


Elements:

1. Offender is a public officer or employee;

2. He is armed with search warrant legally procured;

3. He searches the domicile, papers or other belongings of any person; and

4. The owner, or any members of his family, or two witnesses residing in the same locality are not present.


■ The Tariff and Customs Code authorizes persons having authority to search any land, inclosure, warehouse, store or building, not being a dwelling house, and also to inspect, search, examine any vessel or aircraft, or any person on board, or stop and search and examine any vehicle, beast or person suspected of holding or conveying any dutiable or prohibited article introduced into the Philippines contrary to law without the need of a search warrant.  But in the search of a dwelling house, the Code provides that said "dwelling house may be entered and searched only upon warrant issued by a judge or justice of the peace. (Papa vs. Mago, 22 SCRA 857)