Remedial Law Notes

 

Search warrant vs warrant of arrest CIVIL PROCEDURE

0 Rule 1 - General Provision

Rule 2 - Cause of Action
Rule 3 - Parties to Civil Actions
PDF Converter Download Rule 4 - Venue of Actions
Rule 5 - Uniform Procedure in Trial Courts
Rule 6 - Kinds of Pleadings
Distinguish between a search warrant and a warrant of arrest
Rule 7 - Parts of a Pleading
Rule 8 - Manner of Making Allegations in Pleadings
The issuance of search warrants is altogether different from the issuance of warrants of
Rule 9 - Effect of Failure to Plead
arrest. It is generally assumed that the same quantum of evidence is required whether
Rule 10 - Amended and Supplemental Pleadings
one is concerned with probable cause to arrest or probable cause to search. But each
Rule 11 - When to File Responsive Pleadings
requires a showing of probabilities as to somewhat different facts and circumstances, and
Rule 12 - Bill of Particulars
thus one can exist without the other.
Rule 13 - Filing and Service of Pleadings, Judgments
and Other Papers
In search cases, two conclusions must be supported by substantial evidence: that the Rule 14 - Summons
items sought are in fact seizable by virtue of being connected with criminal activity, and Rule 15 - Motions
that the items will be found in the place to be searched. It is not also necessary that a Rule 16 - Motion to Dismiss
particular person be implicated. By comparison, in arrest cases there must be probable Rule 17 - Dismissal of Actions
cause that a crime has been committed and that the person to be arrested committed it, Rule 18 - Pre-Trial
which of course can exist without any showing that evidence of the crime will be found at Rule 19 - Intervention
premises under that person's control. Rule 20 - Calendar of Cases
Rule 21 - Subpoena
Worthy to note, our Rules of Court do not provide for a similar procedure to be followed Rule 22 - Computation of Time
in the issuance of warrants of arrest and search warrants. With respect to warrants of Rule 23 - Depositions Pending Action
arrest, section 6 of Rule 112 simply provides that "upon filing of an information, the Rule 24 - Depositions Before Action or Pending
Regional Trial Court may issue a warrant for the arrest of the accused. In satisfying Appeal
himself of the existence of probable cause for the issuance of a warrant of arrest, the Rule 25 - Interrogatories to Parties

judge is not required to personally examine the complainant and his witnesses. The Rule 26 - Admission by Adverse Party

judge is merely called upon to examine and evaluate the report of the fiscal and the Rule 27 - Production or Inspection of Documents or
Things
evidence in support of the report. Following established doctrine and procedure, he shall:
Rule 28 - Physical and Mental Examination of
(1) personally evaluate the report and the documents submitted by the fiscal regarding Persons
the existence of probable cause and, on the basis thereof, issue a warrant; or (2) if on Rule 29 - Refusal to Comply with Modes of
the basis thereof he finds no probable cause, he may disregard the fiscal's report and Discovery
require the submission of supporting affidavits of witnesses to aid him in arriving at a Rule 30 - Trial
conclusions as to the existence of probable cause. Rule 31 - Consolidation or Severance
Rule 32 - Trial by Commissioner
In contrast, the procedure to be followed in issuing search warrants is more defined. Rule 33 - Demurrer to Evidence
Thus, Sections 3, 4 and 5 of Rule 126 provide: Rule 34 - Judgment on the Pleadings
xxx xxx xxx Rule 35 - Summary Judgments
Sec. 3. Requisites for issuing search warrant. — A search warrant shall not issue but upon Rule 36 - Judgments, Final Orders and Entry Thereof
probable cause in connection with one specific offense to be determined personally by the Rule 37 - New Trial or Reconsiderations
judge after examination under oath or affirmation of the complainant and the witnesses Rule 38 - Relief from Judgments, Orders, or Other
he may produce, and particularly describing the place to be searched and the things to be Proceedings
seized. Rule 39 - Execution, Satisfaction and Effect of
Judgments
Sec. 4. Examination of complainant; record. — The judge must, before issuing the
Rule 40 - Appeal From Municipal Trial Courts to the
warrant, personally examine in the form of searching questions and answers, in writing RTCs
and under oath the complainant and any witnesses he may produce on facts personally
Rule 41 - Appeal From The Regional Trial Courts
known to them and attach to the record their sworn statements together with any
Rule 42 - Petition for Review From the RTCs to the
affidavits submitted. CA
Sec. 5. Issuance and form of search warrant. — If the judge is thereupon satisfied of the Rule 43 - Appeals From the CTA & Quasi-Judicial
facts upon which the application is based, or that there is probable cause to believe that Agencies to the CA
Rule 44 - Ordinary Appealed Cases
 they exist, he must issue the warrant, which must be substantially in the form prescribed Rule 45 - Appeal by Certiorari to the Supreme Court
by these Rules. (Webb vs De Leon, G.R. No. 121234, August 23, 1995) Rule 46 - Original Cases
Rule 47 - Annulment of Judgments of Final Orders
SEARCH WARRANT WARRANT OF ARREST and Resolutions

The applicant must show: The applicant must show: Rule 48 - Preliminary Conference
Rule 49 - Oral Argument
1. that the items sought are in fact 1. probable cause that an offense has Rule 50 - Dismissal of Appeal
seizable by virtue of being been committed; and Rule 51 - Judgment
connected with criminal activity; Rule 52 - Motion for Reconsideration
and 2. that the person to be arrested Rule 53 - New Trial
committed it Rule 54 - Internal Business
2. that the items will be found in the Rule 55 - Publications of Judgments and Final
Resolutions
place to be searched.
Rule 56 - Original / Appealed Cases
The judge must conduct a personal, The judge need not conduct a personal
searching examination of the applicant examination of the applicant and his
PROVISIONAL REMEDIES
and his witnesses witnesses. He may rely on the affidavits
of the witnesses and the recommendation Rule 57 - Preliminary Attachment
of the prosecutor. Rule 58 - Preliminary Injunction
Rule 59 - Receivership
Rule 60 - Replevin
Why are the requirements for the issuance of a search warrant more stringent Rule 61 - Support Pendente Lite
than the requirements for the issuance of a warrant of arrest?

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.

TAGS: CRIMINAL PROCEDURE RULE 113 - ARREST RULE 126 - SEARCH AND SEIZURE SEARCH WARRANT

WARRANT OF ARREST

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Rule 62 - Interpleader
Rule 63 - Declaratory Relief & Similar Remedies
Rule 64 - Review of Judgments and Final Orders or
Resolutions of the COMELEC and the COA
Rule 65 - Certiorari, Prohibition and Mandamus
Rule 66 - Quo Warranto
Rule 67 - Expropriation
Rule 68 - Foreclosure of Real Estate Mortgage
Rule 69 - Partition
Rule 70 - Forcible Entry and Unlawful Detainer
Rule 71 - Contempt
CRIMINAL PROCEDURE

Rule 110 - Prosecution of Offenses

POST A COMMENT Rule 111 - Prosecution of Civil Action
Rule 112 - Preliminary Investigation
No comments
Rule 113 - Arrest
Rule 114 - Bail
Rule 115 - Rights of the Accused
Rule 116 - Arraignment and Plea
Rule 117 - Motion to Quash
Rule 118 - Pre-Trial
Rule 119 - Trial
Rule 120 - Judgment
Rule 121 - New Trial or Reconsideration
Rule 122 - Appeal
Rule 123 - Procedure in the MTCs
 Rule 124 - Procedure in the Court of Appeals

Enter your comment... Rule 125 - Procedure in the Supreme Court

Rule 126 - Search and Seizure
Rule 127 - Provisional Remedies in Crim Cases

Comment as: Select profile. EVIDENCE

Rule 128 - General Provisions

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Rule 129 - What Need Not Be Proved
Rule 130 - Rules of Admissibility
Rule 131 - Burden of Proof and Presumptions
Rule 132 - Presentation of Evidence
Rule 133 - Weight and Sufficiency of Evidence
Rule 134 - Perpetuation of Testimony

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