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> However, if the criminal action has already been filed, the application shall only be made in the
court where the criminal action is pending.
Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and seizure of
personal property:
(a) Subject of the o ense;
(b) Stolen or embezzled and other proceeds, or fruits of the o ense; or
(c) Used or intended to be used as the means of committing an o ense.
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 o ense.
Sec. 4. Requisites for issuing search warrant. – A search warrant shall not issue except upon probable
cause in connection with one specific o ense to be determined personally by the judge a er
examination under oath or a irmation of the complainant and the witness he may produce, and particularly
describing the place to be searched and the things to be seized which may be anywhere in the Philippines.
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
WHAT ARE THE REQUISITES OF THE PERSONAL EXAMINATION THAT THE
JUDGE MUST CONDUCT BEFORE ISSUING THE SEARCH WARRANT?
1. The judge must examine the witness personally
2. The examination must be under oath
3. The examination must be reduced into writing in the form of searching questions and answers
Sec. 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.
CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN
THE WARRANT?
> No, anything not included in the warrant cannot be seized EXCEPT if its mala prohibita, in which case,
the seizure is justified under the plain view doctrine.
> Even if the object was related to the crime, but it is not mentioned in the warrant nor is it mala prohibita,
it still cannot be seized
WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS SEIZED
ILLEGALLY?
> Anything seized illegally must be returned to the owner unless it is mala prohibita. In such a case, it
should be kept in custodia legis.
Sec. 7. Right to break door or window to e ect search. – The o icer, if refused admittance to the place
of directed search a er 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 to liberate
himself or any person lawfully aiding him when unlawfully detained therein.
Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – No search of a
house, room, or any other premises 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 su icient age and
discretion residing in the same locality.
NOTE: The two witness rule only applies in the absence of the lawful occupants of the premises
searched
IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE 10-
DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT AGAIN BEFORE
IT EXPIRES?
> No, of the purpose for which it was issued has already been carried out, the warrant cannot be used
anymore.
> The exception is if the search wasn’t finished within 1 day, the warrant can still be used the next
day, provided it is still within the 10-day period
Sec. 11. Receipt for the property seized. – The o icer seizing the 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 su icient age and discretion residing in the same locality, leave a receipt in the place in
which he found the seized property.
WHAT IS THE DUTY OF THE OFFICER WHEN HE SEIZES THE PROPERTY?
> The o icer seizing the 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 su icient age and discretion
residing in the same locality, leave a receipt in the place in which he found the seized property.
CAN THE OWNER OF THE THINGS SEIZED BE MADE TO SIGN THE RECEIPT?
> No since this would be tantamount to a violation of one’s right against self-incrimination. It is
a confession without the assistance of counsel.
WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT
UNDER THE SEARCH WARRANT HAS BEEN SEIZED?
> The o icer must forthwith deliver the property seized to the judge who issued the warrant, together
with a true inventory thereof duly verified under oath.
Sec. 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 o ense
without a search warrant.
WHAT ARE THE REQUIREMENTS IN A WARRANTLESS SEARCH INCIDENTAL
TO A LAWFUL ARREST?
1. Arrest must be lawful
2. It must be contemporaneous with the arrest in both time and place
3. Within the vicinity of the person arrested, immediate control, which is the evidence of the o ense or
weapon
WHO SHOULD GIVE CONSENT TO A WARRANTLESS SEARCH AND WHAT ARE
THE REQUISITES?
> Only the person whose right may be violated can give the consent; it is a personal right that
cannot be availed of by third parties. The requisites are:
1. The person has knowledge of his right against the search
2. He freely and intelligently gives his consent in spite of such knowledge
WHAT ARE THE REQUISITES FOR THE PLAIN VIEW DOCTRINE TO APPLY?
1. There must have been a prior valid intrusion based on the warrantless arrest in which the police
are legally present in the pursuit of their o icial duties
2. The evidence was inadvertently discovered by the police who had the right to be where they are
3. The evidence must be immediately apparent
4. There was no need for further search
Sec. 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 search warrant. However, if such court failed to resolve the
motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the
latter court.
A POLICE OFFICER WAS GRANTED TO SEARCH THE HOUSE FOR REBEL
OFFICERS. CAN THE POLICEMAN CONDUCT A WARRANTLESS SEARCH?
> NO, the permission didn’t include the room to room search and anything confiscated will be
inadmissible
IF AN OBJECT HAS BEEN SEIZED UPON ORDERS OF THE COURT, MAY A
COORDINATE COURT ISSUE A REPLEVIN ORDER FOR THE RELEASE OF THE
OBJECT?
> No, only the court that ordered its confiscation may release the object
A MOTION TO QUASH WAS FILED IN THE COURT WHERE THE CRIMINAL
ACTION WAS FILED. DURING THIS TIME, THE PRELIMINARY
INVESTIGATION WAS ONGOING. THE ACCUSED MOVES FOR THE
SUSPENSION OF THE PRELIMINARY INVESTIGATION. VALID AND PROPER?
> No, the preliminary investigation is of di erent nature from deciding on whether to grant the motion
to quash the warrant
> The result of one will not a ect the other. One deals on probable cause on whether there are facts
and circumstances that would engender a well-founded belief that a crime has been committed and the
accused is probably guilty thereof. The other deals on whether the things and objects were seized
legally or not.
NOTE: The Motion To Quash, filed in the issuing court, or to Suppress Evidence, filed with the court
trying the case, are alternative, not cumulative remedies. If one is filed, the other can no longer be availed
of. The court first taking cognizance of the motion does so to exclusion of the other. The proceedings
thereon are subject to the omnibus motion rule and the rule against forum shopping.
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WHEN IS AN ARREST WITHOUT WARRANT LAWFUL?
GUIDELINES TO SAFEGUARD THE RIGHTS OF AN ACCUSED WHO HAS BEEN ARRESTED WITHOUT A WARRANT
Remedy of a Person Arrested Without a Warrant and Wants a Preliminary Investigation
LAWFUL ARREST WITHOUT WARRANT
WARRANT OF ARREST
Probable Cause And Judicial Review
FILE A MOTION TO QUASH BASED ON INSUFFICIENCY OF EVIDENCE?
IS THE DETERMINATION OF PROBABLE CAUSE A JUDICIAL OR EXECUTIVE FUNCTION?
PROBABLE CAUSE
WHEN IS THERE A LAWFUL WARRANTLESS ARREST?
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