Professional Documents
Culture Documents
officer in the language or dialect known to such arrested or detained person, otherwise,
such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial
investigation shall be in writing and signed by such person in the presence of his counsel
or in the latter's absence, upon a valid waiver, and in the presence of any of the parents,
elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him; otherwise, such
extrajudicial confession shall be inadmissible as evidence in any proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by
such person in the presence of his counsel; otherwise the waiver shall be null and void
and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed
visits by or conferences with any member of his immediate family, or any medical doctor
or priest or religious minister chosen by him or by any member of his immediate family or
by his counsel, or by any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental organization
duly accredited by the Office of the President. The person's "immediate family" shall
include his or her spouse, fianc or fiance, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to
a person who is investigated in connection with an offense he is suspected to have committed,
without prejudice to the liability of the "inviting" officer for any violation of law.
Penalties for procuring search warrant without just cause and abuse in the service of those
legally obtained; searching domicile without witnesses; and unlawful arrest
Arts. 129, 130, and 269, Revised Penal Code
Article 129. Search warrants maliciously obtained and abuse in the service of those legally
obtained. - In addition to the liability attaching to the offender for the commission of any other
offense, the penalty of arresto mayor in its maximum period to prision correccional in its
minimum period and a fine not exceeding P1,000 pesos shall be imposed upon any public
officer or employee who shall procure a search warrant without just cause, or, having legally
procured the same, shall exceed his authority or use unnecessary severity in executing the
same.
Article 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.
Article 269. Unlawful arrest. - The penalty of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, in any case other than those authorized by law, or
without reasonable ground therefor, shall arrest or detain another for the purpose of delivering
him to the proper authorities.
Although the Constitution provides that probable cause shall be determined by the
judge after an examination under oath or an affirmation of the complainant and the
witnesses, a hearing is not necessary for the determination thereof;
Arrest without warrant, when lawful Sec. 5 (Flagrante delicto, Hot Pursuit, Escapee)
Section 5. Arrest without warrant; when lawful. A peace officer or a private person may,
without a warrant, arrest a person:
(a) When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
(b) When an offense has just been committed, and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be arrested
has committed it; and
(c) When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another.
In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall
be forthwith delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of Rule 112. (5a)
by entering his plea and actively participating in the trial without raising the lack of a
preliminary investigation
Effect of admission to bail on objections to an illegal arrest Sec. 26, Rule 114
SEARCH WARRANT
WARRANT OF ARREST
Section 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary
investigation. An application for or admission to bail shall not bar the accused from
challenging the validity of his arrest or the legality of the warrant issued therefor, or from
assailing the regularity or questioning the absence of a preliminary investigation of the charge
against him, provided that he raises them before entering his plea. The court shall resolve the
matter as early as practicable but not later than the start of the trial of the case. (n)
Leviste vs. Alameda, G.R. No. 182677, August 3, 2010
Where Filed: RTC Makati City
Crime Committed: Homicide
By applying for bail, petitioner did not waive his right to challenge the regularity of the
reinvestigation of the charge against him, the validity of the admission of the Amended
Information, and the legality of his arrest under the Amended Information, as he
vigorously raised them prior to his arraignment.
1. The Constitution does not prohibit all kinds of searches and seizures. It only prohibits
unreasonable searches and seizures.
2. A search and seizure is unreasonable if it is made without a warrant, or the warrant was
invalidly issued.
3. A search and seizure without a warrant is still reasonable if conducted under the
following circumstances:
a. Incident to a lawful arrest It must be made AFTER the arrest. The objective is to
make sure that the life of the peace officer will not be endangered. It must be
contemporaneous with the arrest in both time and place.
b. Search of moving vehicles
c. Consent searches Only the person whose right may be violated can give the
consent; it is a personal right. The requisites are: (1) The person has knowledge
of his right against the search; (2) He freely gives his consent in spite of such
knowledge.
d. Objects in plain view Requisites:
i. (1) There must have been a prior valid intrusion, and the officer must
have had a right to be at the place searched at the time of the search;
ii. (2) The evidence was inadvertently discovered;
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g. Emergency
11
competence. The requisites, procedure and purpose for the issuance of a search warrant are
completely different from those for the institution of a criminal action.
A search warrant is in the nature of a criminal process akin to a writ of discovery. It is a
special and peculiar remedy, drastic in its nature, and made necessary because of a public
necessity. Thus, the rule that venue is jurisdictional does not apply thereto. Evidently, the
issue of whether the application should have been filed in RTC-Iriga City or RTC-Naga, is not
one involving jurisdiction because the power to issue a special criminal process is inherent in all
courts. The RTC-Naga had jurisdiction to issue criminal processes such as a search warrant.
Personal property to be seized Sec. 3
Section 3. Personal property to be seized. A search warrant may be issued for the search
and seizure of personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. (2a)
Requisites for issuing search warrant Sec. 4
Section 4. Requisites for issuing search warrant. A search warrant shall not issue except
upon probable cause in connection with one specific offense 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 things to be seized which
may be anywhere in the Philippines. (3a)
Retired SPO4 Laud vs. People (G.R. No. 199032, November 19, 2014)
Where filed: RTC of Manila
Crime charged: Murder
- was intended to prevent the issuance of scattershot warrants, or those which are
issued for more than one specific offense.
- a search warrant that covers several counts of a certain specific offense does not
violate the one-specific-offense rule
- where several counts of the offense of copyright infringement and the search warrant
uncovered several contraband items in the form of pirated video tapes is not to be
confused with the number of offenses charged. The search warrant herein issued does
not violate the one-specific-offense rule (Citing Columbia Pictures, Inc. v. CA, 329 Phil.
875 [1996])
Philippine Long Distance Telephone Company vs. Alvarez (G.R. No. 179408, March 5,
2014)
Where filed: RTC of Pasay
=Crime charged: Theft and violation of PD No. 401
Requirements for the issuance of a search warrant:
12
Century Chinese Medicine Co. vs. People (G.R. No. 188526, November 11, 2013)
Where filed: RTC of Makati
Crime charged: Violation of Sec. 168 in relation to Sec. 170 (unfair competition)
and Sec. 155 in relation to Sec. 170 (trademark infringement) of RA 8293 (Intellectual
Property Code)
- A core requisite before a warrant shall validly issue is the existence of a probable
cause, meaning the existence of such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed
and that the objects sought in connection with the offense are in the place to be
searched.
Distinguish from warrant of arrest where personal examination is not required
Particular description of place or person
A search warrant must state particularly the place to be searched and the objects to be seized.
The evident purpose for this requirement is to limit the articles to be seized only to those
particularly described in the search warrant. This is a protection against potential abuse. It is
necessary to leave the officers of the law with no discretion regarding what articles they shall
seize, to the end that no unreasonable searches and seizures be committed.
Retired SPO4 Laud vs. People (G.R. No. 199032, November 19, 2014)
- description of a place to be searched is sufficient if the officer with the warrant can, with
reasonable effort, ascertain and identify the place intended and distinguish it from other
places in the community. Any designation or description known to the locality that points
out the place to the exclusion of all others, and on inquiry leads the officers unerringly to
it, satisfies the constitutional requirement.
Del Castillo v. People (G.R. No.185128, January 30, 2012, 664 SCRA 430)
13
- the warrant issued must particularly describe the place to be searched and
persons or things to be seized in order for it to be valid. A designation or description that
points out the place to be searched to the exclusion of all others, and on inquiry
unerringly leads the peace officers to it, satisfies the constitutional requirement of
definiteness;
Issuance and form of search warrant Sec. 6
Section 6. Issuance and form of search warrant. If the judge is satisfied of the existence of
facts upon which the application is based or that there is probable cause to believe that they
exist, he shall issue the warrant, which must be substantially in the form prescribed by these
Rules. (5a)
Right to break door or window to effect search Sec. 7
Section 7. Right to break door or window to effect search. The officer, if refused admittance
to the place of directed search after giving notice of his purpose and authority, may break open
any outer or inner door or window of a house or any part of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding him when unlawfully
detained therein. (6)
Search to be made in the presence of witnesses Sec. 8
Section 8. Search of house, room, or premise to be made in presence of two witnesses. No
search of a house, room, or any other premise shall be made except in the presence of the
lawful occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (7a)
Receipt for the property seized Sec. 11
Section 11. Receipt for the property seized. The officer seizing property under the warrant
must give a detailed receipt for the same to the lawful occupant of the premises in whose
presence the search and seizure were made, or in the absence of such occupant, must, in the
presence of at least two witnesses of sufficient age and discretion residing in the same locality,
leave a receipt in the place in which he found the seized property. (10a)
Time of making search Sec. 9
Section 9. Time of making search. The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place ordered to be
searched, in which case a direction may be inserted that it be served at any time of the day or
night. (8)
Distinguish from warrant of arrest Rule 113, Sec. 6
14
Section 6. Time of making arrest. An arrest may be made on any day and at any time of the
day or night. (6)
Validity of search warrant Sec. 10
Section 10. Validity of search warrant. A search warrant shall be valid for ten (10) days from
its date. Thereafter it shall be void. (9a)
Delivery of property and inventory thereof to court; duty of judge; return and
other proceedings Sec. 12
Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon.
(a) The officer must forthwith deliver the property seized to the judge who issued the warrant,
together with a true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if
the return has been made, and if none, shall summon the person to whom the warrant
was issued and require him to explain why no return was made. If the return has been
made, the judge shall ascertain whether section 11 of this Rule has been complained
with and shall require that the property seized be delivered to him. The judge shall see to
it that subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the result, and
other actions of the judge.
A violation of this section shall constitute contempt of court.(11a)
Search incident to lawful arrest Sec. 13
Section 13. Search incident to lawful arrest. A person lawfully arrested may be searched for
dangerous weapons or anything which may have been used or constitute proof in the
commission of an offense without a search warrant. (12a)
People vs. Araza (G.R. No. 190623, November 17, 2014)
Crime charged: violation of Section 11, Article II, RA 9165 (Comprehensive
Dangerous Drugs Act of 2002)
Where filed: RTC- San Pedro, Laguna
- The Constitution states that failure to secure a judicial warrant prior to the
actual search and consequent seizure would render it unreasonable and any
evidence obtained therefrom shall be inadmissible for any purpose in any
proceeding.. The constitutional prohibition, however, admits of the following
exceptions; having been lawfully arrested, the warrantless search that followed was
undoubtedly incidental to a lawful arrest, which is an exception to the constitutional
prohibition on warrantless search and seizure. Conversely, the shabu seized from
Araza is admissible in evidence to prove his guilt of the offense charged.
15
16
action and the means taken in prosecuting it are legally just and proper. It requires facts
and circumstances that would lead a reasonably prudent man to believe that an
offense has been committed and that the objects sought in connection with that
offense are in the place to be searched.
Disini, Jr. vs. The Secretary of Justice (G.R. No. 203335, February 18, 2014)
Crime charged: Consolidated Petitions that assail the constitutionality of RA
10175 (Cybercrime Law).
Where filed:
- Facts and circumstances that would lead a reasonably discreet and prudent man to believe
that an offense has been committed, and that the objects sought in connection with the
offense are in the place sought to be searched; referring to factual and practical
considerations of everyday life on which reasonable and prudent men, not legal technicians,
act.
Century Chinese Medicine Co. vs. People ( G.R. No. 188526, November 11, 2013)
Where Filed: RTC of Makati
Crime Charged: Violation of Intellectual Property Rights under RA 8293
- The determination of probable cause does not call for the application of rules and standards
of proof that a judgment of conviction requires after trial on the merits. As implied by the
words themselves, "probable cause" is concerned with probability, not absolute or even
moral certainty. The prosecution need not present at this stage proof beyond reasonable
doubt. The standards of judgment are those of a reasonably prudent man, not the exacting
calibrations of a judge after a full-blown trial.
Tan vs. Tiong Gue (G.R. No. 174570, December 15, 2010)
Where Filed: RTC Manila
Crime Charged: Robbery
- a search warrant may be issued only if there is probable cause in connection with only one
specific offense alleged in an application on the basis of the applicant's personal knowledge
and his or her witnesses; cannot utilize the evidence seized by virtue of the search warrants
issued in connection with the case of Robbery in a separate case of Qualified Theft, even if
both cases emanated from the same incident.
When warrantless search and seizure valid
a) Search incidental to lawful arrest
Section 13. Search incident to lawful arrest. A person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant.
People vs. Nuevas (G.R. No. 170233, February 22, 2007, 516 SCRA 463)
Where Filed: RTC of Olongapo
Crime Charged: Violation of Section 8, Article 2 of RA 6425
- search incidental to a lawful arrest is sanctioned by the Rules of Court. The arrest
must precede the search; the process cannot be reversed as in this case where the
search preceded the arrest. Nevertheless, a search substantially contemporaneous
with an arrest can precede the arrest if the police have probable cause to make the
17
Buy-bust operation
People vs. Collado (G.R. No. 185719, June 17, 2013)
Where Filed: RTC of Pasig
Crime Charged: violations of Republic Act (RA) No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002
- The arrest of the appellants was an arrest in flagrante delicto made in
pursuance of Sec. 5(a), Rule 113 of the Rules of Court; the subsequent search
and seizure made by the police officers were likewise valid.
People vs. Araneta (G.R. No. 191064, October 20, 2010)
Where Filed: RTC of Pasig
Crime Charged: violating Section 5 and Section 11 of Article II of
Republic Act No. 9165, otherwise known as the Comprehensive Drugs
Act of 2002.
- search warrant or warrant of arrest was not needed because it was a buy-bust
operation and the accused were caught in flagrante delicto in possession of, and
selling, dangerous drugs to the poseur-buyer. It was definitely legal for the buybust team to arrest, and search, them on the spot because a buy-bust operation is
a justifiable mode of apprehending drug pushers, provided due regard to
constitutional and legal safeguards is undertaken.
Invalid Search
Sanchez vs. People (G.R. No. 190623, November 17, 2014)
Where Filed: RTC Imus cavite
Crime Charged: Violation of Sec 11, RA 9165
- A search as an incident to a lawful arrest is sanctioned by the Rules of Court. It
bears emphasis that the law requires that the search be incidental to a lawful
arrest. Therefore it is beyond cavil that a lawful arrest must precede the search of
a person and his belongings; the process cannot be reversed; Here, the search
preceded the arrest of Sanchez. There was no arrest prior to the conduct of the
search.
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19
(b) the evidence was inadvertently discovered by the police who had the right to
be where they are;
(c) the evidence must be immediately apparent; and;
(d) "plain view" justified mere seizure of evidence without further search.
Applicable
Miclat, Jr. vs. People (G.R. No. 176077, August 31, 2011, 656 SCRA 539)
Where Filed: RTC Caloocan City
Crime Charged: Violation of Comprehensive Dangerous Drug Act of
2002
- What constitutes a reasonable or unreasonable warrantless search or seizure is
purely a judicial question, determinable from the uniqueness of the
circumstances involved, including the purpose of the search or seizure, the
presence or absence of probable cause, the manner in which the search and
seizure was made, the place or thing searched, and the character of the articles
procured.
People vs. Nuevas (G.R. No. 170233, February 22, 2007, 516 SCRA 463)
Where Filed: RTC Olongapo City
Crime Charged: Illegal Possession of Marijuana
- An object is in plain view if it is plainly exposed to sight. Where the object
seized was inside a closed package, the object itself is not in plain view and
therefore cannot be seized without a warrant; if the package proclaims its
contents, whether by its distinctive configuration, its transparency, or if its
contents are obvious to an observer, then the contents are in plain view and may
be seized; if the package is such that an experienced observer could infer from
its appearance that it contains the prohibited article, then the article is deemed in
plain view. It must be immediately apparent to the police that the items that they
observe may be evidence of a crime, contraband or otherwise subject to seizure
Not applicable
20
-"plain view doctrine" may not be used to launch unbridled searches and
indiscriminate seizures or to extend a general exploratory search made solely to
find evidence of defendant's guilt. The doctrine is usually applied where a police
officer is not searching for evidence against the accused, but nonetheless
inadvertently comes across an incriminating object.
Because a warrantless search is in derogation of a constitutional right, peace
officers who conduct it cannot invoke regularity in the performance of official
functions.
f) Stop and frisk situation or Terry search
Invalid Search
Sanchez vs. People (G.R. No. 190623, November 17, 2014)
Where Filed: RTC, Branch 93, San Pedro Laguna
Crime Charged: Illegal Possession of Shabu
- no valid stop-and-frisk search; coming out from the house of a drug pusher
and
boarding a tricycle, without more, were innocuous movements, and by
themselves
alone could not give rise in the mind of an experienced and prudent police officer
of
any belief that he had shabu in his possession, or that he was
probably
committing a
crime in the presence of the officer.
People vs. Cogaed, (G.R. No. 200334, July 30, 2014)
Where Filed: RTC San Fernando City, La Union
Crime Charged: Violation of Sec. 11, Art. II of R.A. 9165 (Possession of
Dangerous Drugs)
- He was simply a passenger carrying a bag and traveling aboard a jeepney.
There
was nothing suspicious, moreover, criminal, about riding a jeepney or carrying a bag.
The assessment of suspicion was not made by the police officer but by the jeepney
driver;
Two-Fold Interest:
the general interest of effective crime prevention and detection; and
safety and self-preservation
Esquillo vs. People (G.R. No. 182010, August 25, 2010)
Where Filed: RTC, Branch 116, Pasay City
Crime Charged: Violation of Sec. 11 Art. II of R.A. 9165 (Possession of
Shabu)
- essential is that a genuine reason must exist, in light of the police officer's
experience and surrounding conditions, to warrant the belief that the person who
manifests unusual suspicious conduct has weapons or contraband concealed
about him.
- The search/seizure of the suspected shabu initially noticed in petitioner's
possession - later voluntarily exhibited to the police operative- was undertaken
21
after she was interrogated on what she placed inside a cigarette case, and after
PO1 Cruz introduced himself to petitioner as a police officer. And, at the time of
her arrest, petitioner was exhibiting suspicious behavior and in fact attempted to
flee after the police officer had identified himself.
g) Enforcement of custom laws
Tarriff and Customs Code authorizes customs officer to:
a. Enter, pass through or search any land, enclosure, warehouse;
b. Inspect/search/examine any vessel/aircraft and any trunk/ package/box/
envelope or any person on board
c. Stop and examine any vehicle/boat/person suspected of holding/conveying
any dutiable/prohibited articles introduced into the Philippines contrary to law.
Salvador vs. People (G.R. No. 146706, August 15, 2005)
Where Filed: RTC, Branch 117, Pasay City
Crime Charged: Violation of Sec. 3601 of the Tariff and Customs Code
-
law enforcers who are tasked to effect the enforcement of the customs and
tariff laws are authorized to search and seize, without a search warrant, any
article, cargo or other movable property when there is reasonable cause to
suspect that the said items have been introduced into the Philippines in
violation of the tariff and customs law. They may likewise conduct a
warrantless search of any vehicle or person suspected of holding or
conveying the said articles.
22
accused, but nonetheless inadvertently comes across an incriminating object. PEOPLE OF THE
PHILIPPINES vs. MEDARIO CALANTIAO y DIMALANTA, G.R. No. 203984, June 18, 2014, J.
Leonardo-De Castro
b) Consented search
Determination of Voluntary Consent to a Search
Whether consent to the search was in fact voluntary is a question of fact to be determined from
the totality of all the circumstances. Relevant to this determination are the following
characteristics of the person giving consent and the environment in which consent is given:
(1) the age of the defendant;(2) whether the defendant was in a public or a secluded location;(3)
whether the defendant objected to the search or passively looked on; (4) the education and
intelligence of the defendant;(5) the presence of coercive police procedures;(6) the defendants
belief that no incriminating evidence would be found; (7) the nature of the police questioning;(8)
the environment in which the questioning took place; and
(9) the possibly vulnerable subjective state of the person consenting. It is the State that has the
burden of proving, by clear and positive testimony, that the necessary consent was obtained,
and was freely and voluntarily given. In this case, all that was alleged was that petitioner was
alone at the police station at three in the morning, accompanied by several police officers.
These circumstances weigh heavily against a finding of valid consent to a warrantless search.
(Luz vs. People of the Philippines, G.R. No. 197788, February 29, 2012)
c) Search of moving vehicled) Check points; body checks in airport Airport Frisking
Persons may lose the protection if the search and seizure clause by exposure of their persons
or property to the public in a manner reflecting a lack of subjective expectation of privacy, which
expectation society is prepared to recognize as reasonable. Such recognition is implicit in
airport security procedures. With increased concern about airplane high jacking and terrorism
has come increased security at the nations airports. Passengers attempting to board an aircraft
routinely pass through metal detectors; their carry-on baggage as well as checked luggage are
routinely subjected to x-ray scans. Should these procedures suggest the presence of suspicious
objects, physical searches are conducted to determine what the objects are. There is little
question that such searches are reasonable, given their minimal intrusiveness, the gravity of
safety interests involved, and the reduced privacy expectations associated with airline travel.
(People of the Philippines vs. Hadji Socor Cadidia, GR No. 191263, October 16, 2013)
e) Plain view situation
Under the plain view doctrine, objects falling in the plain view of an officer, who has a right to
be in the position to have that view, are subject to seizure and may be presented as evidence. It
applies when the following requisites concur: (a) the law enforcement officer in search of the
evidence has a prior justification for an intrusion or is in a position from which he can view a
particular area; (b) the discovery of the evidence in plain view is inadvertent; and (c) it is
immediately apparent to the officer that the item he observes may be evidence of a crime,
contraband, or otherwise subject to seizure. The law enforcement officer must lawfully make an
initial intrusion or properly be in a position from which he can particularly view the area. In the
course of such lawful intrusion, he came inadvertently across a piece of evidence incriminating
the accused. The object must be open to eye and hand, and its discovery inadvertent. (Elenita
23
C. Fajardo vs. People of the Philippines., G.R. No. 190889, January 10, 2011)
f) Stop and frisk situation
g) Enforcement of custom laws
h) Remedies from unlawful search and seizureMay non-parties question validity of search
warrant?
It is not correct to say that only the parties to the application for search warrant can question its
issuance or seek suppression of evidence seized under it the proceeding for the issuance of
search warrant does not partake of an action where a party complains of a violation of his right
by another. (Securities and Exchange Commission vs. Rizza G. Mendoza, G.R. No. 170425,
April 23, 2012)
ADDITIONAL NOTES:
When is arrest not necessary?
When the accused voluntarily appears after a complaint has been filed against him and gives
bond for his appearance at anytime he is called.
What is the remedy for warrants improperly issued?
Petition to quash it.
What are the requisites for a valid search warrant and warrant of arrest?
1.
It must be issued upon probable cause;
2.
The probable cause must be determined personally by the judge himself;
3.
The determination of the existence of probable cause must be made after
examination by the judge of the complainant and the witnesses he may produce;
and
4.
The warrant must particularly describe the place to be searched, and the persons or
things to be seized.
What constitustes arrest?
The actual restraint on a person, the deprivation of his own will and liberty, binding him to
become obedient to the will of the law.
Within what period must a warrant of arrest be served?
There is no time period. A warrant of arrest is valid until the arrest is effected or until it is lifted.
The head of the office to whom the warrant was delivered must cause it to be executed within
10 days from its receipt, and the officer to whom it is assigned for execution must make a report
to the judge who issued it within 10 days from the expiration of the period. If he fails to execute
it, he should state the reasons therefor.
Who are authorized to make warrantless arrest?
Peace officers and private persons.
Why are the requirements for the issuance of a search warrant more stringent than the
requirements for the issuance of a warrant of arrest?
24
The violation of the right to privacy produces a humiliating effect which cannot be rectified
anymore. This is why there is no other justification for a search, except a warrant. On the other
hand, in a warrant of arrest, the person to be arrested can always post bail to prevent the
deprivation of liberty.
Where should the application for search warrant be filed?
As a general rule, it should be filed with the court within whose territorial jurisdiction the crime
was committed.
But for compelling reasons, it can be filed with the court within whose judicial region the offense
was committed or where the warrant is to be served.
Example of this: The drug syndicate stores its drugs in Pasay. It has connections in Pasay and
can easily get a tip when the police officers will file for a search warrant. To avoid the drug
syndicate from getting a tip of the impending search, the police officer may apply for a search
warrant in Makati (within the RTC region), stating the compelling reason.
But, if the criminal action has already been filed, the application for a search warrant can only be
made in the court where the criminal action is pending.
What may be the subject of a search warrant?
Personal property, which is:
1. subject of the offense,
2. stolen or embezzled and other proceeds or fruits of the offense, or
3. used or intended to be used as the means of committing an offense.
What are the requisites for issuing a search warrant?
1. There must be probable cause
2. Which must be determined personally by the judge
3. upon personal examination in writing and under oath of the complainant and his
witnesses in the form of searching questions and answers on facts personally
known to them
4. the probable cause must be in connection with one specific offense
5. particularly describing the place to be searched and the items to be seized
6. the sworn statements together with the affidavits of the witnesses must be attached to
the record.
When is the affidavit or testimony of the witness said to be based on personal
knowledge?
The test is whether perjury could be charged against the witness.
Is it necessary that the person named in the search warrant be the owner of the things to
be seized?
No. Ownership is of no consequence. What is relevant is that the property is connected to an
offense.
What are the requisites of the personal examination that the judge must conduct before
issuing the search warrant?
The judge must:
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