RULE 126

Search and Seizure

Section 1. Search warrant defined. A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before the court.
Section 2. Court where application for search warrant shall be filed. An application for
search warrant shall be filed with the following:
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the judicial region
where the crime was committed if the place of the commission of the crime is known,
or any court within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made
in the court where the criminal action is pending. (n)
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)
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)
Section 5. Examination of complainant; record. The judge must, before issuing the
warrant, personally examine in the form of searching questions and answers, in writing and
under oath, the complainant and the witnesses he may produce on facts personally known to
them and attach to the record their sworn statements, together with the affidavits submitted. (4a)
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)
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)
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)
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)
Rhoville John L. Natividad, RMT

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)

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)
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)
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)
Section 14. Motion to quash a search warrant or to suppress evidence; where to file.
A motion to quash a search warrant and/or to suppress evidence obtained thereby may be
filed in and acted upon only by the court where the action has been instituted. If no
criminal action has been instituted, the motion may be filed in and resolved by the court
that issued the search warrant. However, if such court failed to resolve the motion and a
criminal case is subsequent filed in another court, the motion shall be resolved by the
latter court. (n)

Rhoville John L. Natividad, RMT

Republic of the Philippines

SUPREME COURT
Manila
EN BANC
A. M. NO. 99-8-09-SC
AMMENDED RULES ON WHO SHALL RESOLVE MOTIONS FOR RECONSIDERATION OF
DECISIONS OR SIGNED RESOLUTIONS INCASES ASSIGNED TO THE DIVISION OF THE COURT
This Resoltion supersedes the Resolution promulgated on February 15, 2000. The new rules on who
resolve motions for reconsideration of Decisions or signed Resolutions in cases assigned to the Divisions
of the Court are as follows:
1. Motions for reconsideration/clarification of a Decision or of a signed Resolutions in cases shall
be acted upon by the Ponente and the other Members of the Division, whether special or regular,
who participated in the rendition of the Decision or signed Resolution sought to be reconsidered,
irrespective of whether or not such members are already in other Divisions at the time the motion
for reconsideration/clarification is filed or acted upon; for this purpose, they shall be deemed
constituted as a Special Division of the Division to which the Ponente belonged at the time of
promulgation of the Decision or the Signed Resolution.
2. If the Ponente is disqualified or has inhibited himself/herself from acting on the motion for
reconsideration/clarification, he/she shall be replaced by another Justice who shall be chosen by
raffle from among the remaining Members of the Division who participated in the rendition of the
Decision or signed Resolution and who concurred therein. If only one member of the Court who
participated and concurred in the rendition of the Decision or signed Resolution remains, he/she
shall be designated as the Ponente.
3. If the Ponente retires or is otherwise no longer a Member of the Court, a new Ponente for all
his/her Decision or signed Resolution that may be subject of motions for
reconsideration/clarification shall be designated by raffle from among the remaining Members of
the Division who participated and concurred in the Decision or signed Resolution. In Decisions or
signed Resolutions of the retired Ponente that the newPonente did not participateand concur in
another Ponente shall be chosen by raffle from among those who participated and concurred in
the Decision or signed Resolutions.
4. If a Member (not the Ponente) retires or is otherwise no longer a Member of the Court, a
Justice shall be designated by raffle from the other Divisions to replace him/her in all Decisions or
signed Resolutions to which he/she participated in and where such Decisions or signed
Resolutions are the subject of further motions, until anew Justice is appointed as replacement for
the retired Justice. Upon the appointment of a new justice, he/she shall replace the designated
Justice in such Decisions or signed Resolutions.
5. Any vacancy or vacancies in the Special Divisions shall be filled by raffle from among the other
Members of the Court to constitute a Special Division of five (5) Members.
6. If the Ponente and all the Members of the Division that rendered the Decision or signed
Resolution are no longer Members of the Court, the case shall be raffled to any Member of the
Court, the case shall be acted upon by him/her with the participation of the other Members of the
Division to which he/she belongs. Should the membership of this Division be less than the
number required for a Special Division or vacancies shall be filled by raffle from among other
members of the court.

Rhoville John L. Natividad, RMT

7. Motions for reconsideration shall be resolved by the Division with the concurrence of at
least three of its Members.
If there are pleadings, motions or incidents subsequent to the denial with finality of the motion for
reconsideration, the case shall be acted upon by the Division which rendered the Decision or signed
Resolution.
This Resolution shall take effect upon its publication in two (2) newspapers of general circulation in the
Philippines.
Let a copy of this Resolution be Furnished the Integrated Bar of the Philippines, which is hereby directed
to disseminate copies thereof to its Members.
Promulgated this 17th day of November 2009.

Rhoville John L. Natividad, RMT