V.

ARREST
RULE 113 ARREST
Section 1. Definition of arrest. Arrest is the taking of a person
into custody in order that he may be bound to answer for the
commission of an offense. (1)
Section 2. Arrest; how made. An arrest is made by an actual
restraint of a person to be arrested, or by his submission to the
custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest.
The person arrested shall not be subject to a greater restraint than
is necessary for his detention. (2a)
Section 3. Duty of arresting officer. It shall be the duty of the
officer executing the warrant to arrest the accused and to deliver
him to the nearest police station or jail without unnecessary delay.
(3a)
Section 4. Execution of warrant. The head of the office to whom
the warrant of arrest was delivered for execution shall cause the
warrant to be executed within ten (10) days from its receipt. Within
ten (10) days after the expiration of the period, the officer to whom
it was assigned for execution shall make a report to the judge who
issued the warrant. In case of his failure to execute the warrant, he
shall state the reasons therefor. (4a)
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)
Section 6. Time of making arrest. An arrest may be made on
any day and at any time of the day or night. (6)
Section 7. Method of arrest by officer by virtue of warrant.
When making an arrest by virtue of a warrant, the officer shall
inform the person to be arrested of the cause of the arrest and of
the fact that a warrant has been issued for his arrest, except when
he flees or forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will imperil the
arrest. The officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as practicable.
(7a)
Section 8. Method of arrest by officer without warrant. When
making an arrest without a warrant, the officer shall inform the
person to be arrested of his authority and the cause of the arrest,
unless the latter is either engaged in the commission of an offense,
is pursued immediately after its commission, has escaped, flees or
forcibly resists before the officer has opportunity so to inform him,
or when the giving of such information will imperil the arrest. (8a)
Section 9. Method of arrest by private person. When making an
arrest, a private person shall inform the person to be arrested of
the intention to arrest him and cause of the arrest, unless the latter
is either engaged in the commission of an offense, is pursued
immediately after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has opportunity to so
inform him, or when the giving of such information will imperil the
arrest. (9a)
Section 10. Officer may summon assistance. An officer making
a lawful arrest may orally summon as many persons as he deems
necessary to assist him in effecting the arrest. Every person so
summoned by an officer shall assist him in effecting the arrest
when he can render such assistance without detriment to himself.
(10a)
Section 11. Right of officer to break into building or enclosure.
An officer, in order to make an arrest either by virtue of a warrant,
or without a warrant as provided in section 5, may break into any

building or enclosure where the person to be arrested is or is

reasonably believed to be, if he is refused admittance thereto, after
announcing his authority and purpose. (11a)
Section 12. Right to break out from building or
enclosure. Whenever an officer has entered the building or
enclosure in accordance with the preceding section, he may break
out therefrom when necessary to liberate himself. (12a)
Section 13. Arrest after escape or rescue. If a person lawfully
arrested escapes or is rescued, any person may immediately
pursue or retake him without a warrant at any time and in any
place within the Philippines. (13)
Section 14. Right of attorney or relative to visit person arrested.
Any member of the Philippine Bar shall, at the request of the
person arrested or of another acting in his behalf, have the right to
visit and confer privately with such person in the jail or any other
place of custody at any hour of the day or night. Subject to
reasonable regulations, a relative of the person arrested can also
exercise the same right. (14a)

RULE 112 PRELIMINARY INVESTIGATION

SEC. 5. When warrant of arrest may issue.
(a) By the Regional Trial Court. Within ten (10) days from the
filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its
supporting evidence. He may immediately dismiss the case
if the evidence on record clearly fails to establish probable
cause. If he finds probable cause, he shall issue a warrant of
arrest, or a commitment order when the complaint or
information was filed pursuant to section 6 of this Rule. In
case of doubt on the existence of probable cause, the judge
may order the prosecutor to present additional evidence
within five (5) days from notice and the issue must be
resolved by the court within thirty (30) days from the filing
of the complaint or information.
(b) By the Municipal Trial Court. When required pursuant to
the second paragraph of section 1 of this Rule, the
preliminary investigation of cases falling under the original
jurisdiction of the Metropolitan Trial Court, Municipal Trial
Court in Cities, Municipal Trial Court or Municipal Circuit Trial

Court SHALL be conducted by the prosecutor. The procedure

for the issuance of a warrant of arrest by the judge shall be
governed by paragraph (a) of this section.
(c) When warrant of arrest not necessary. A warrant of arrest
shall not issue if the accused is already under detention
pursuant to a warrant issued by the municipal trial court in
accordance with paragraph (b) of this section, or if the
complaint or information was filed pursuant to section 6 of
this Rule or is for an offense penalized by fine only. The court
shall then proceed in the exercise of its original jurisdiction.
(6a)
SEC. 6. When accused lawfully arrested without warrant. When a
person is lawfully arrested without a warrant involving an offense
which requires a preliminary investigation, the complaint or
information may be filed by a prosecutor without need of such
investigation provided an inquest has been conducted in
accordance with existing rules. In the absence or unavailability of
an inquest prosecutor, the complaint may be filed by the offended
party or by a peace officer directly with the proper court on the
basis of the affidavit of the offended party or arresting officer or
person.
Before the complaint or information is filed, the person arrested
may ask for a preliminary investigation in accordance with this
Rule, but he must sign a waiver of the provisions of Article 125 of
the Revised Penal Code, as amended, in the presence of his
counsel. Notwithstanding the waiver, he may apply for bail and the
investigation must be terminated within fifteen (15) days from its
inception.
After the filing of the complaint or information in court without a
preliminary investigation, the accused may within five (5) days
from the time he learns of its filing, ask for a preliminary
investigation with the same right to adduce evidence in his defense
as provided in this Rule. (7a; sec. 2, R.A. No. 7438)
SEC. 7. Records.
(a) Records supporting the information or complaint. An
information or complaint filed in court shall be supported by
the affidavits and counter-affidavits of the parties and their
witnesses, together with the other supporting evidence and
the resolution on the case.
(b) Record of preliminary investigation. The record of the
preliminary investigation conducted by a prosecutor OR

OTHER OFFICERS AS MAY BE AUTHORIZED BY LAW shall not

form part of the record of the case. However, the court, on
its own initiative or on motion of any party, may order the
production of the record or any of its part when necessary in
the resolution of the case or any incident therein, or when it
is to be introduced as an evidence in the case by the
requesting party. (8a)
SEC. 8. Cases not requiring a preliminary investigation nor covered
by the Rule on Summary Procedure.
(a) If filed with the prosecutor. If the complaint is filed
directly with the prosecutor involving an offense punishable
by an imprisonment of less than four (4) years, two (2)
months and one (1) day, the procedure outlined in section
3(a) of this Rule shall be observed. The prosecutor shall act
on the complaint based on the affidavits and other
supporting documents submitted by the complainant within
ten (10) days from its filing.
(b) If filed with the Municipal Trial Court. If the complaint or
information is filed with the Municipal Trial Court or
Municipal Circuit Trial Court for an offense covered by this
section, the procedure in section 3(a) of this rule shall be
observed. If within ten (10) days after the filing of the
complaint of information, the judge finds no probable cause
after personally evaluating the evidence, or after personally
examining in writing and under oath the complainant and
his witnesses in the form of searching questions and
answers, he shall dismiss the same. He may, however,
require the submission of additional evidence, within ten
(10) days from notice, to determine further the existence of
probable cause. If the judge still finds no probable cause
despite the additional evidence, he shall, within ten (10)
days from its submission or expiration of said period,
dismiss the case. When he finds probable cause, he shall
issue a warrant of arrest, or a commitment order if the
accused had already been arrested, and hold him for trial.
However, if the judge is satisfied that there is no necessity
for placing the accused under custody, he may issue
summons instead of a warrant of arrest. (9a)
(Amendment of Rules 112 and 114 of the Revised Rules on
Criminal Procedure, A.M. No. 05-8-26-SC, [August 30, 2005])

A. 1987 Constitution
ARTICLE III - Bill of Rights
SECTION 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the
equal protection of the laws.
SECTION 2. 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.

B. Statutes/Rules
1. RA 7438 (1992)
AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED,
DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL
AS THE DUTIES OF THE ARRESTING, DETAINING AND
INVESTIGATING OFFICERS AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
SECTION 1. Statement of Policy. It is the policy of the State to
value the dignity of every human being and guarantee full respect
for human rights.
SECTION 2. Rights of Persons Arrested, Detained or under Custodial
Investigation; Duties of Public Officers. a) Any person arrested,
detained or under custodial investigation shall at all times be
assisted by counsel.
b) Any public officer or employee, or anyone acting under his order
or his place, who arrests, detains or investigates any person for the
commission of an offense shall inform the latter, in a language
known to and understood by him, of his rights to remain silent and
to have competent and independent counsel, preferably of his own
choice, who shall at all times be allowed to confer privately with the
person arrested, detained or under custodial investigation. If such
person cannot afford the services of his own counsel, he must be

provided with a competent and independent counsel by the

investigating officer.
c) The custodial investigation report shall be reduced to writing by
the investigating officer, provided that before such report is signed,
or thumbmarked if the person arrested or detained does not know
how to read and write, it shall be read and adequately explained to
him by his counsel or by the assisting counsel provided by the
investigating 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
or 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.

SECTION 3. Assisting Counsel. Assisting counsel is any lawyer,

except those directly affected by the case, those charged with
conducting preliminary investigation or those charged with the
prosecution of crimes.
The assisting counsel other than the government lawyers shall be
entitled to the following fees:
a) The amount of One hundred fifty pesos (P150.00) if the
suspected person is chargeable with light felonies;
b) The amount of Two hundred fifty pesos (P250.00) if the
suspected person is chargeable with less grave or grave felonies;
c) The amount of Three hundred fifty pesos (P350.00) if the
suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or
municipality where the custodial investigation is conducted,
provided that if the municipality or city cannot pay such fee, the
province comprising such municipality or city shall pay the
fee: Provided, That the Municipal or City Treasurer must certify that
no funds are available to pay the fees of assisting counsel before
the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be
conducted and the suspected person can only be detained by the
investigating officer in accordance with the provisions of Article 125
of the Revised Penal Code.
SECTION 4. Penalty Clause. a) Any arresting public officer or
employee, or any investigating officer, who fails to inform any
person arrested, detained or under custodial investigation of his
right to remain silent and to have competent and independent
counsel preferably of his own choice, shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty of imprisonment of not
less than eight (8) years but not more than ten (10) years, or both.
The penalty of perpetual absolute disqualification shall also be
imposed upon the investigating officer who has been previously
convicted of a similar offense.
The same penalties shall be imposed upon a public officer or
employee, or anyone acting upon orders of such investigating
officer or in his place, who fails to provide a competent and
independent counsel to a person arrested, detained or under
custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel.

b) Any person who obstructs, prevents or prohibits any lawyer, any

member of the immediate family of a person arrested, detained or
under custodial investigation, or any medical doctor or priest or
religious minister or by his counsel, from visiting and conferring
privately chosen by him or by any member of his immediate family
with him, or from examining and treating him, or from ministering
to his spiritual needs, at any hour of the day or, in urgent cases, of
the night shall suffer the penalty of imprisonment of not less than
four (4) years nor more than six (6) years, and a fine of Four
thousand pesos (P4,000.00).
The provisions of the above Section notwithstanding, any security
officer with custodial responsibility over any detainee or prisoner
may undertake such reasonable measures as may be necessary to
secure his safety and prevent his escape.
SECTION 5. Repealing Clause. Republic Act No. 857, as amended,
is hereby repealed. Other laws, presidential decrees, executive
orders or rules and regulations, or parts thereof inconsistent with
the provisions of this Act are repealed or modified accordingly.
SECTION 6. Effectivity. This Act shall take effect fifteen (15) days
following its publication in the Official Gazette or in any daily
newspaper of general circulation in the Philippines.
Approved: April 27, 1992

2. RA 9344 (2006), SECS 20-21

JUVENILE JUSTICE AND WELFARE ACT OF 2006
TITLE IV
Treatment of Children Below the Age of Criminal Responsibility
SECTION 20. Children Below the Age of Criminal Responsibility. If
it has been determined that the child taken into custody is fifteen
(15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child
to the custody of his/her parents or guardian, or in the absence
thereof, the child's nearest relative. Said authority shall give notice
to the local social welfare and development officer who will
determine the appropriate programs in consultation with the child
and to the person having custody over the child. If the parents,
guardians or nearest relatives cannot be located, or if they refuse

to take custody, the child may be released to any of the following: a

duly registered nongovernmental or religious organization; a
barangay official or a member of the Barangay Council for the
Protection of Children-(BCPC); a local social welfare and
development officer; or, when and where appropriate, the DSWD. If
the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or
abused by his parents, or in the event that the parents will not
comply with the prevention program, the proper petition for
involuntary commitment shall be filed by the DSWD or the Local
Social Welfare and Development Office pursuant to Presidential
Decree No. 603, otherwise known as "The Child and Youth Welfare
Code".
TITLE V
Juvenile Justice and Welfare System
CHAPTER 1
Initial Contact With the Child
SECTION 21. Procedure for Taking the Child into Custody. From
the moment a child is taken into custody, the law enforcement
officer shall:
(a) Explain to the child in simple language and in a dialect that
he/she can understand why he/she is being placed under custody
and the offense that he/she allegedly committed;
(b) Inform the child of the reason for such custody and advise the
child of his/her constitutional rights in a language or dialect
understood by him/her;
(c) Properly identify himself/herself and present proper
identification to the child;
(d) Refrain from using vulgar or profane words and from sexually
harassing or abusing, or making sexual advances on the child in
conflict with the law;
(e) Avoid displaying or using any firearm, weapon, handcuffs or
another instruments of force or restraint, unless absolutely
necessary and only after all other methods of control have been
exhausted and have failed;
(f) Refrain from subjecting the child in conflict with the law to
greater restraint than is necessary for his/her apprehension;

(g) Avoid violence or unnecessary force;

(h) Determine the age of the child pursuant to Section 7 of this Act;
(i) Immediately but not later than eight (8) hours after
apprehension, turn over custody of the child to the Social Welfare
and Development Office or other accredited NGOs, and notify the
child's parents/guardians and Public Attorneys' Office of the child's
apprehension. The social welfare and development officer shall
explain to the child and the child's parents/guardians the
consequences of the child's act with a view towards counseling and
rehabilitation, diversion from the criminal justice system, and
reparation, if appropriate;
(j) Take the child immediately to the proper medical and health
officer for a thorough physical and mental examination. The
examination results shall be kept confidential unless otherwise
ordered by the Family Court. Whenever the medical treatment is
required, steps shall be immediately undertaken to provide the
same;
(k) Ensure that should detention of the child in conflict with the law
be necessary, the child shall be secured in quarters separate from
that of the opposite sex and adult offenders;
(l) Record the following in the initial investigation:
(1) Whether handcuffs or other instruments of restraint were used,
and if so, the reason for such;
(2) That the parents or guardian of a child, the DSWD, and the PAO
have been duly informed of the apprehension and the details
thereof; and
(3) The exhaustion of measures to determine the age of a child and
the precise details of the physical and medical examination or the
failure to submit a child to such examination; and
(m) Ensure that all statements signed by the child during
investigation shall be witnessed by the child's parents or guardian,
social worker, or legal counsel in attendance who shall affix his/her
signature to the said statement.
A child in conflict with the law shall only be searched by a law
enforcement officer of the same gender and shall not be locked up
in a detention cell.

SECTION 22. Duties During Initial Investigation. The law

enforcement officer shall, in his/her investigation, determine where
the case involving the child in conflict with the law should be
referred.
The taking of the statement of the child shall be conducted in the
presence of the following: (1) child's counsel of choice or in the
absence thereof, a lawyer from the Public Attorney's Office; (2) the
child's parents, guardian, or nearest relative, as the case may be;
and (3) the local social welfare and development officer. In the
absence of the child's parents, guardian, or nearest relative, and
the local social welfare and development officer, the investigation
shall be conducted in the presence of a representative of an NGO,
religious group, or member of the BCPC.
After the initial investigation, the local social worker conducting the
same may do either of the following:
(a) Proceed in accordance with Section 20 if the child is fifteen (15)
years or below or above fifteen (15) but below eighteen (18) years
old, who acted without discernment; and
(b) If the child is above fifteen (15) years old below eighteen (18)
and who acted with discernment, proceed to diversion under the
following chapter.

3. BP 129 (1980), SEC 37, pars. 2 & 3

JUDICIARY REORGANIZATION ACT OF 1980
SECTION 37. Preliminary Investigation. Judges of Metropolitan
Trial Courts, except those in the National Capital Region, of
Municipal Trial Courts, and Municipal Circuit Trial Courts shall have
authority to conduct preliminary investigation of crimes alleged to
have been committed within their respective territorial jurisdictions
which are cognizable by the Regional Trial Courts.
The preliminary investigation shall be conducted in accordance with
the procedure prescribed in Section 1, paragraphs (a), (b), (c), and
(d), of Presidential Decree No. 911: Provided, however, That if after
the preliminary investigation the Judge finds a prima facie case, he
shall forward the records of the case to the Provincial/City Fiscal for
the filing of the corresponding information with the proper court.

No warrant of arrest shall be issued by the Judge in connection with

any criminal complaint filed with him for preliminary investigation,
unless after an examination in writing and under oath or affirmation
of the complainant and his witnesses, he finds that a probable
cause exists.
Any warrant of arrest issued in accordance herewith may be served
anywhere in the Philippines.

4. RPC ART 269

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.

5. REVISED RULES ON SUMMARY PROCEDURE, SEC 16

SECTION 16. Arrest of Accused. The court shall not order the
arrest of the accused except for failure to appear whenever
required. Release of the person arrested shall either be on bail
or on recognizance by a responsible citizen acceptable to the court.

6. AM NO. 02-1-06-SC, DATED 22 JAN 2002

RULE ON SEARCH AND SEIZURE IN CIVIL ACTIONS FOR
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
SECTION 1. Coverage. This Rule shall govern the provisional
seizure and impounding of documents and articles in pending and
intended civil actions for the purpose of preventing infringement
and preserving relevant evidence in regard to alleged infringement
under Republic Act No. 8293, otherwise known as the Intellectual
Property Code of the Philippines, Article 50 of the Agreement on
Trade Related Aspects of Intellectual Property Rights, otherwise
known as TRIPS and other related laws and international
conventions.
SECTION 2. The writ of search and seizure. Where any delay is
likely to cause irreparable harm to the intellectual property right
holder or where there is demonstrable risk of evidence being

destroyed, the intellectual property right holder or his duly

authorized representative in a pending civil action for infringement
or who intends to commence such an action may apply ex parte for
the issuance of a writ of search and seizure directing the alleged
infringing defendant or expected adverse party to admit into his
premises the persons named in the order and to allow the search,
inspection, copying, photographing, audio and audiovisual
recording or seizure of any document and article specified in the
order.
SECTION 3. Where application filed. The application shall be filed
with any of the Regional Trial Courts of the judicial region
designated to try violations of intellectual property rights stationed
at the place where the alleged violation occurred or is to occur, or
the place to be searched, at the election of the applicant. Provided,
however, that where the complaint for infringement has already
been filed, the application shall be made in the court where the
case is pending.
SECTION 4. Verified application and affidavits. The applicant shall
file a certified application alleging the ground upon which it is
based and the specific description and location of the documents
and articles to be searched, inspected, copied or seized and their
value. It shall also state the names of the applicant, his
representative, witnesses and counsel who will attend the search in
the event that the application is granted. The application shall be
supported by affidavits of witnesses who personally know the facts
and by authenticated or certified documents.
The application shall contain a certification against forum shopping
as prescribed by Section 5, Rule 7 of the 1997 Rules of Civil
Procedure.
The applicant shall undertake in his application that he will not use
any of the documents, articles or information obtained by reason of
the search and seizure for any purpose other than in the action in
which the writ is issued.
SECTION 5. Examination of applicant; record; confidentiality of
proceedings. The application shall be acted upon within twentyfour (24) hours from its filing. The judge must, before issuing the
writ, examine in the form of searching questions and answers, in
writing and under oath or affirmation, the applicant and the
witnesses he may produce on facts personally known to them. The
examination of the applicant and his witnesses shall be recorded.

Their sworn statements and their affidavits shall form part of the
record of the case.

the writ shall be supervised by an Independent commissioner to be

appointed by the court.

The hearing on the application for the writ shall be held in the
chambers of the judge. Court personnel shall maintain the
confidentiality of the application proceeding.

SECTION 8. Contents of the writ. The writ shall contain the

following:

The court may require the applicant to give other information

necessary for the identification of the articles and documents to be
searched, inspected, copied or seized and the premises to be
searched. Where feasible, it may direct the applicant to submit
copies and photographs of the documents or articles to be seized
and impounded.
SECTION 6. Grounds for the issuance of the order. Before the
Order can be issued, the evidence proffered by the applicant and
personally evaluated by the judge must show that:
(a) the applicant is the right holder or his duly authorized
representative;
(b) there is probable cause to believe that the applicant's right is
being infringed or that such infringement is imminent and there is
aprima facie case for final relief against the alleged infringing
defendant or expected adverse party;
(c) damage, potential or actual, likely to be caused to the applicant
is irreparable;
(d) there is demonstrable risk of evidence that the alleged
infringing defendant or expected adverse party may destroy, hide
or remove the documents or articles before any application inter
partes can be made; and
(e) the documents and articles to be seized constitute evidence of
the alleged infringing defendant's or expected adverse party's
infringing activity or that they infringe upon the intellectual
property right of the applicant or that they are used or intended to
be used as means of infringing the applicant's intellectual property
right.
SECTION 7. When writ may issue. If the judge is satisfied with the
proof of facts upon which the application is based, he shall issue
the writ requiring the search, inspection or copying of the subject
documents or articles or commanding the sheriff to take them into
his custody subject to the control of the court. The enforcement of

(a) an order to the alleged infringing defendant, expected adverse

party or to the person who appears to be in charge or in control of
the premises or residing or working therein to permit the persons
named in the writ to enter into the premises for the purpose of
searching, inspecting, copying, or removing from the premises and
transferring to the custody of the sheriff and subject to the control
of the court the subject documents and articles;
(b) an order to the alleged infringing defendant, expected adverse
party or to the person in charge or in control of the premises to
disclose to the sheriff serving the writ the location of the
documents and articles subject of the writ;
(c) the period when the writ shall be enforced which in no case shall
be more than ten (10) days from the date of issuance by the court;
(d) the names of the applicant or his agent or representative and
the Commissioner who shall supervise the enforcement of the writ;
and
(e) other terms and conditions that will insure the proper execution
of the writ with due regard to the rights of the alleged infringing
defendant or expected adverse party.
It shall also contain a warning that violation of any of the terms and
conditions of the writ shall constitute contempt of court.
SECTION 9. Bond and its conditions. The applicant shall be
required to post a cash bond, surety bond or other equivalent
security executed in favor of the defendant or expected adverse
party in a reasonable amount to be fixed by the court in its order
granting the issuance of a writ of search and seizure. The bond
shall be conditioned on the undertaking of the applicant that he will
pay all the costs which may be adjudged to defendant or expected
adverse party and all damages which the latter may sustain by
reason of the issuance of the writ.
SECTION 10. When writ shall be served. The writ shall be served
only on weekdays and from 8 o'clock in the morning to 5 o'clock in
the afternoon. However, the court may direct that the writ be

served on any day and any time or compelling reasons stated in

the application and duly proved.
SECTION 11. To whom writ shall be served. The writ shall be
served on the alleged infringing defendant or expected adverse
party in the place to be searched.
If the alleged infringing defendant or expected adverse party
cannot be and in the premises, the writ shall be served on his agent
or representative. In the absence of an agent or representative, it
shall be served on the person in charge or in control of the
premises, or residing or working therein who is of sufficient age and
discretion, if such person is absent, the sheriff or proper officer shall
post the papers on the premises and proceed with the enforcement
of the writ.
SECTION 12. Commissioner, duties, qualifications and fees. The
enforcement of the writ shall be supervised by the independent
Commissioner appointed by the court. In the performance of his
duty, the Commissioner shall:
(a) give impartial advice to the alleged infringing defendant,
expected adverse party or to the person in charge of the premises
to be searched as to the meaning and coverage of the writ;
(b) attempt to achieve agreement on a suitable search procedure;
(c) assess what documents or articles come within the terms of the
writ;
(d) ensure the accuracy of the list of documents and articles
searched, inspected, copied or seized by the sheriff;
(e) prepare his own report on the search and seizure and verify and
sign the return prepared by the sheriff; and
(f) generally, assist in the proper execution of the writ.

alleged infringing defendant, expected adverse party or his

representative or the person in charge or in control of the premises
or residing or working therein who shall be given the opportunity to
read the writ before its enforcement and seek its interpretation
from the Commissioner. In the absence of the latter, two persons of
sufficient age and discretion residing in the same locality shall be
allowed to witness the search or in the absence of the latter, two
persons of sufficient age and discretion residing in the nearest
locality.
SECTION 14. Manner of search and seizure; duties of the sheriff.
Upon service of the writ in accordance with section 11 hereof, the
sheriff, under the supervision of the Commissioner, shall search for
the documents and articles specified in the writ, and take them in
his custody subject to the control of the court.
If the subject articles are not capable of manual delivery, the sheriff
shall attach to them a tag or label stating the fact of seizure and
warning all persons from tampering with them.
The sheriff shall, in the presence of the applicant or his
representative, and under the supervision of the Commissioner,
prepare a detailed list of the sized documents and articles. He shall
give an accurate copy of the same to the alleged infringing
defendant, expected adverse party, his agent or representative, to
the person in charge or in control of the premises or residing or
working therein in whose presence the search and seizure were
made. In the absence of the person in charge or in control of the
premises or residing or working therein, the sheriff must, in the
presence of at least two witnesses of sufficient age and discretion
residing in the same locality, leave a copy of the receipt in the
place in which he found the seized property. Where no witnesses
are available in the same locality, the copy of the receipt shall be
left by the sheriff in the presence of two witnesses residing in the
nearest locality. The applicant or his representative and the
Commissioner shall also be given a copy of the receipt.

The Commissioner shall be a member of the Philippine Bar and of

proven competence, integrity and probity. He shall receive such
reasonable compensation as may be determined by the court which
can be charged as cost of suit.

After the sheriff has taken possession of the documents and

articles, he shall deliver them to a bonded warehouse or
government warehouse for safekeeping. The applicant or his
representative shall be allowed access to said materials for the
purpose of examining them.

SECTION 13. Search to be conducted in the presence of defendant,

his representative, person in charge of the premises, or witnesses.
The premises may not be searched except in the presence of the

The applicant shall be responsible for the necessary expenses

incurred in the seizure and safekeeping of the documents and
articles in a bonded warehouse or government warehouse.

SECTION 15. Use of reasonable force to effect writ. The sheriff, if

refused admittance to the premises after giving notice of his
purpose and authority or in the absence of the alleged infringing
defendant or expected adverse party, his agent or representative,
or person in charge or in control of the premises or residing or
working therein who is of sufficient age and discretion, may use
reasonable force to gain entry to the premises or any part of the
building or anything therein, to enforce the writ or to liberate
himself or any person lawfully aiding him when unlawfully detained
therein.
SECTION 16. Seizure of computer disks or other storage devices.
The seizure of a computer disk or any storage device may be
executed in any of the following manner;
(a) by the physical taking thereof;

SECTION 18. Discharge of writ by the defendant or expected

adverse party. Without waiting for the return to be filed by the
sheriff, the defendant, expected adverse party or the party whose
property has been searched, inspected, copied or seized may file a
motion with the court which issued the writ for its discharge with
prayer for the return of the documents and articles seized.
The writ may be discharged on any of the following grounds:
(a) that the writ was improperly or irregularly issued, or excessively
enforced;
(b) that the bond is insufficient;
(c) that the safeguards provided in the writ have been violated by
the applicant or the sheriff; or

(b) by copying its contents in a suitable device or disk provided by

the applicant; or

(d) that the documents and articles seized are not infringing copies
or means for making the materials alleged to infringe the
intellectual property right of the applicant.

(c) by printing out the contents of the disk or device with the use of
a printer.

The writ may be discharged in a summary hearing by the court

after notice to the applicant, the sheriff and the Commissioner.

When the computer disks or storage devices cannot be readily

removed from the computer to which they are fitted, the sheriff
may take the subject computer from the custody of the alleged
infringing defendant, expected adverse party or person in charge or
in control of the premises or residing or working therein.

If the court finds that the bond is insufficient, it shall order a new
bond to be filed by the applicant within a reasonable time. The
discharge of the writ based on the insufficiency of the bond may
only be made if the applicant fails to post the new bond within the
period fixed by the court.

SECTION 17. Sheriff's return. The sheriff who executed the writ
shall, within three (3) days from its enforcement, make a verified
return to the court which issued the writ. The return shall contain a
full statement of the proceedings under the writ and a complete
inventory of the documents and articles searched, inspected or
copied or seized and impounded, with copies served on the
applicant, the defendant or expected adverse party and the
Commissioner.

SECTION 19. Proceedings on return. Five (5) days after issuance

of the writ, the issuing judge shall ascertain if the writ has not been
served or the return has been made by the sheriff. If the writ was
not served or no return was made, it shall summon the sheriff and
the applicant to whom the writ was issued and require them to
explain why the writ was not served or why no return has been filed
as the case may be. If the return has been made, the judge shall,
after notice to the applicant, the alleged infringing defendant or
expected adverse party, the sheriff and the Commissioner,
ascertain whether the provisions of this Rule and applicable laws
have been complied with.

If not all of the documents and articles enumerated in the order and
writ were seized, the sheriff shall so report to the court and state
the reasons therefor. All objections of the defendant, expected
adverse party or person in charge of the premises on the manner
and regularity of the service of the writ shall be included by the
sheriff in his return.

SECTION 20. Failure to file complaint. The writ shall also, upon
motion of the expected adverse party, be set aside and the seized
documents and articles returned to the expected adverse party if

no case is filed with the appropriate court or authority within thirtyone (31) calendar days from the date of issuance of the writ.

donation. In no case shall the infringing materials be returned to

the defendant.

SECTION 21. Claim for damages. Where the writ is discharged on

any of the grounds provided in this Rule, or where it is found after
trial that there has been no infringement or threat of infringement
of an intellectual property right, the court, upon motion of the
alleged infringing defendant or expected adverse party and after
due hearing, shall order the applicant to compensate the defendant
or expected adverse party upon the cash bond, surety bond or
other equivalent security for any injury or damage the latter
suffered by the issuance and enforcement of the writ.

If the court finds no infringement, the seized materials shall be

immediately returned to the defendant.

Should the damages exceed the amount of the bond, the applicant
shall be liable for the payment of the excess.
When a complaint is already filed in court, the motion shall be filed
with the same court during the trial or before appeal is perfected or
before judgment becomes executory, with due notice to the
applicant, setting forth the facts showing the defendant's right to
damages and the amount thereof. The award of damages shall be
included in the judgment in the main case.
Where no complaint is filed against the expected adverse party, the
motion shall be filed with the court which issued the writ. In such a
case, the court shall set the motion for summary hearing and
immediately determine the expected adverse party's right to
damages.
A judgment in favor of the applicant in its principal claim should not
necessarily bar the alleged infringing defendant from recovering
damages where he suffered losses by reason of the wrongful
issuance or enforcement of the writ.
The damages provided for in this section shall be independent from
the damages claimed by the defendant in his counterclaim.
SECTION 22. Judgment. If it appears after trial that the seized
documents and articles are found to infringe the intellectual
property right of the applicant or that they constitute the means for
the production of infringing goods, the court shall order their
destruction or donation to charitable, educational or religious
institutions with the prohibition against bringing the same into the
channels of commerce. In the latter case, infringing trademarks or
trade names found on labels, tags and other portions of the
infringing materials shall be removed or defaced before the

SECTION 23. Direct filing, provisional docketing and deposit of

prescribed filing fee. The Regional Trial Courts specially
designated to try violations of !intellectual property rights shall
keep a distinct and separate logbook for writs of search and
seizure. The application for a writ of search and seizure filed
directly with the said courts shall be given a provisional docket
number. The prescribed filing fee shall be deposited with the
branch clerk of court and properly receipted for and transmitted to
the Clerk of Court within twenty-four (24) hours from issuance of
the order granting or denying the application for said writ. If a
formal complaint is filed thereafter, the Clerk of Court may make a
reassessment of the filing fee.
SECTION 24. Separate logbook. In every court, there shall be a
logbook under the custody of the Clerk of Court wherein shall be
docketed and entered within twenty-four (24) hours after the
issuance or denial of the writ of search and seizure, the filing of
such application and other particulars thereof. All the subsequent
proceedings concerning the writ of search and seizure shall be
faithfully recorded in the separate logbook.
SECTION 25. Effect of violation. A violation of any of the terms
and conditions of the order and the writ of. search and seizure or
any provision of this Rule shall constitute contempt of court.
SECTION 26. Writ not a bar to other measures. The availment of
the writ of search and seizure under this Rule shall not prevent the
applicant from resorting to other provisional measures or remedies
provided in existing laws and procedural rules.
SECTION 27. Effectivity. This Rule shall take effect on February
15, 2002 after its publication in two (2) newspapers of general
circulation not later than January 30, 2002.

7. SC ADMIN CIRC NO. 13 DATED 12 OCT 1985

SUBJECT: Guidelines and Procedure in the Issuance of Search
Warrants

TO: All Executive Judges and Judges of the Metropolitan Trial Courts,
Municipal Trial Courts and Municipal Circuit Courts
Under Administrative Order No. 6 of this Court, dated June 30,
1975, the Executive Judge derives his powers and prerogatives
through delegation thereof by this Court some of which are to
improve judicial services, in coordination with court related
government agencies, and to further provide leadership in the
management of all courts within his area
of administrative supervision.
As a measure to better serve the public good and to facilitate the
administration of justice, the Court is prescribing hereunder the
guidelines in the issuance of search warrants:
1. All applications for search warrants, if filed with the
Executive Judge, shall be assigned, by raffle, to a judge
within his administrative area, under whose direction the
search warrant shall be issued for the search and seizure of
personal property;
2. After the application has been raffled and distributed to a
Branch, the judge who is assigned to conduct the
examination of the complainant and witnesses should
immediately act on the same, considering that time element
and possible leakage of information are primary
considerations in the issuance of search warrants and
seizure;
3. Raffling shall be strictly enforced, except only in cases
where an application for search warrant may be filed directly
with any judge in whose jurisdiction the place to be
searched is located, after office hours, or during Saturdays,
Sundays, and legal holidays, in which case the applicant is
required to certify under oath the urgency of the issuance
thereof after office hours, or during Saturdays, Sundays, and
legal holidays;
4. If, in the implementation of the search warrant, properties
are seized thereunder and the corresponding case is filed
in court said case shall be distributed by raffle conformably
with Circular No. 7, dated September 23, 1974, of this Court,
and thereupon tried and decided by the judge to whom it
has been assigned, and not necessarily by the judge who is
issued the search warrant.

5. New applications. In order to insure maximum legitimate

effect and give meaning and substance to the constitutional
guarantee on the security of every person, his house and his
effects, against unreasonable searches and seizures, the
following procedure should be strictly observed:
a. A warrant may be issued for the search and seizure of
personal property (1) subject of the offense; (2) stolen or
embezzled or are the proceeds or fruits of an offense; and,
(3) used or intended to be used as the means of committing
an offense;
b. A warrant shall not issue but upon probable cause in
connection with one specific offense to be determined by
the judge or such other responsible officer authorized by law
after examination under oath or affirmation of the
complainant and the witnesses he may produce on facts
personally known to them, and particularly describing the
place to be searched and the things to be seized so that
they could be properly identified;
c. 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 any witnesses
he may produce and attach to the record their sworn
statements together with any affidavits submitted;
d. If the judge is thereupon satisfied of the existence of facts
upon which the application is based, or that there is
probable cause to believe that they exist, he must issue the
warrant, which must be substantially in the form prescribed
by the Rules;
e. Search warrants must be in duplicate, both signed by the
judge. The duplicate copy thereof must be given to the
person against whom the warrant is issued and served. Both
copies of the warrant must indicate the date until when the
warrant shall be valid and must direct that it be served in
the daytime. If the judge is satisfied that the property is in
the person or in the place ordered to be searched, a
direction may be inserted in the warrants that it be served
at any time of the day or night;
f.

In every court, there shall be a log under the custody of the

Clerk of Court wherein shall be entered within 24 hours after
the issuance of the search warrant, the following:

1) Date and number of the warrant;

2) Name of the issuing judge;
3) Name of the person against whom the warrant is issued;
4) Offense cited in the warrant; and
5) Name of the officer who applied for the warrant and his
witnesses.
Each branch or branches of a court shall have a separate and
distinct log book from the log book kept by the other branches of
the same court stationed in another city or municipality;
g. The search warrant shall be valid for ten (10) days from date
of issuance, and after which the issuing judge should
ascertain if the return has been made, and if there was
none, should 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 should ascertain
from the officer who seized the property under the warrant if
a detailed receipt of the property seized was left with the
lawful occupants of the premises in whose presence the
search and seizure were made, or in the absence of such
occupants, whether he left a receipt in the place in which he
found the seized property in the presence of at least 2
witnesses of sufficient age and discretion residing in the
same locality, and should require that the property seized by
virtue of the warrant shall be delivered to the judge who
issued the warrant. The judge should see to it that an
accurate and true inventory of the property seized duly
verified under oath is attached to the return and filed with
the court; and
h. The return on the search warrant shall be filed and kept by
the custodian of the log book who shall also enter in the log
book, the date of the return, the result, and such other
actions the judge may have taken thereon.

8. DOJ CIRCULAR NO. 50 DATED 29 OCT 1990

To: All provincial and city prosecutors and their assistants, and state
prosecutors
Subject: John Doe Informations
The attention of this Department has been invited to the practice of
some prosecutors of filing informations against persons who, apart
from being merely identified as John Does, are not otherwise
particularly described to distinguish them or set them apart from
other persons. This practice has resulted in instances where the
names of persons who are subsequently arrested are substituted in
the place of the John Does in the information even though the
evidence extant in the records of the case does not show any
substantial identity between the former and the latter. Warrants of
arrest against John Does, the witnesses against whom could not
or would not identify them, is of the nature of general warrants and
one of a class of writs long prescribed and anathemized as totally
subversive of the liberty of the subject. It is violative of the
constitutional injunction that warrants of arrest should particularly
describe the person or persons to be seized. (Pangandaman v
Casar)
Henceforth, as a matter of policy of this Department, whenever a
complaint implicating a John Doe is filed, you are hereby directed
to:
1. Elicit from the witnesses other appropriate descriptions or
particularly describe a John Doe to distinguish him or set
him apart from the others, and
2. To place a new name in the information in lieu of a John
Doe only when the description of this John Doe as
appearing in the sworn statement of a witness substantially
tallies with the description of the person placed in John
Does stead.
For your strict compliance.