Rule 126

Section 9 & 10
Time of Making Search
Validity of Search Warrant

Rule 126- Section 9

Time of Making Search

GR: The warrant must direct that it be served in

the day time.
Exception: 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.

Rule 126- Section 10

Validity of Search Warrant- A search warrant

shall be valid for ten (10) days from its date.

Thereafter, it shall be void.

Mustang Lumber, Inc vs. Court of

Appeals
Facts:
A search warrant was secured on a certain date

and enforced the same on the same day.

But the raiding team could not finish the search in
one day, so they postponed it.

Issue:
Can you still continue tomorrow? Or must you

finish everything today?

Held: Yes, you can still continue