Subject: Philippine Government and Politics

I. Topic: Search and Arrest

II. Objectives: At the end of the topic the students shall be able to:
1. Define search warrant
2. Discuss when is warrantless valid.
3. Explain warrantless arrest.

III. Strategy:
Illustrations/Role play

IV. Evaluation:
Quiz

V. Assignment:
Research on Right of a person under investigation.

SEARCHES AND SEIZURES

Constitutional provision regarding Searches and Seizures
Section 2, Article III, The right of the people to be secure in their persons, houses,
papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant
of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched
and the persons or things to be seized.

It includes the protection of:

1. The sanctity and privacy of a person himself; and
2. The inviolability of a persons home and his possessions (BERNAS, supra at 39)

Scope: A popular right, hence, protects all persons, including aliens.

Nature:

The right is personal; it may be invoked only by the person

whose right was violated. This right may be waived either
expressly or impliedly. Waiver must made by person whose right
is invaded, not by one who is not duly authorized to effect such
waiver.

Probable cause it is such facts and circumstances antecedent to the

issuance of a warrant that are in themselves sufficient to induce a
cautious man rely upon them.
Search Warrant
It is an order in writing issued in the name of the people of the
Philippines signed by a Judge and directed to a piece of officer
commanding him to search for personal property and bring it before
the court.

Grounds for the issuance of a search warrant

1. When the property is subject for the offense;
2. When the property is stolen or embezzled; and
3. When it was used or intent to use it exists as a mean of committing a felony.

General warrant is prescribed and unconstitutional.

A John Doe warrant ( Jane Doe for female) is a warrant for the apprehension
of a person whose true name is unknown . Generally, this kind of warrant is
void because it violates the constitutional provision which requires that
warrants of arrests should particularly describe the person or persons to be
arrested. But if there is sufficient description to identify the person to
be arrested, the warrant is valid. (Pangandaman v. Casar G.R.N., L-717, April
14, 1988)
Essential requisites of a Valid Warrant
1. It must be issued upon probable cause;
2. Probable cause must be determined personally by the Judge;
3. The Judge must examine under oath or affirmation of the complainant and
the witness he may produce;
4. The warrant must particularly describe the place to be searched and the
person or things to be seized.

Rules in Search
General Rule- Search cannot be made without a Search Warrant.
Exemptions:
1. When search is made with the consent person or owner of the house;
2. When search is made incidental to a valid arrest;
3. Search on moving vehicles;
4. Search on goods concealed to avoid duties;
5. When search is made in accordance with the police power of the State.

Rules in Arrest
General Rule- Arrest cannot be made without a Warrant of Arrest.
Exemptions:
1. When his presence, the person to be arrested has committed, is
actually committing or is attempting to commit an offense;
2. When an offense has in fact just been committed, and he has personal
knowledge of the facts indicating that the person to be arrested has
committed it; and

3. When the person to be arrested is a prisoner or a detainee who

escaped from prison or penal institutions or place where he is serving
final judgment.