RULE 126

Search and Seizure 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
Section 1. Search warrant defined. — A search warrant is an order in writing probable cause to believe that they exist, he shall issue the warrant, which
issued in the name of the People of the Philippines, signed by a judge and must be substantially in the form prescribed by these Rules.
directed to a peace officer, commanding him to search for personal property
described therein and bring it before the court. 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
Section 2. Court where application for search warrant shall be filed. — An purpose and authority, may break open any outer or inner door or window of
application for search warrant shall be filed with the following: 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
a) Any court within whose territorial jurisdiction a crime was committed. therein.

b) For compelling reasons stated in the application, any court within the Section 8. Search of house, room, or premise to be made in presence of two
judicial region where the crime was committed if the place of the witnesses. — No search of a house, room, or any other premise shall be made
commission of the crime is known, or any court within the judicial region except in the presence of the lawful occupant thereof or any member of his
where the warrant shall be enforced. family or in the absence of the latter, two witnesses of sufficient age and
discretion residing in the same locality.
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 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
Section 3. Personal property to be seized. — A search warrant may be issued person or in the place ordered to be searched, in which case a direction may
for the search and seizure of personal property: be inserted that it be served at any time of the day or night.

(a) Subject of the offense; Section 10. Validity of search warrant. — A search warrant shall be valid for
ten (10) days from its date. Thereafter it shall be void.
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
Section 11. Receipt for the property seized. — The officer seizing property
(c) Used or intended to be used as the means of committing an offense. 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
Section 4. Requisites for issuing search warrant. — A search warrant shall made, or in the absence of such occupant, must, in the presence of at least
not issue except upon probable cause in connection with one specific offense two witnesses of sufficient age and discretion residing in the same locality,
to be determined personally by the judge after examination under oath or leave a receipt in the place in which he found the seized property.
affirmation of the complainant and the witnesses he may produce, and
particularly describing the place to be searched and the things to be seized Section 12. Delivery of property and inventory thereof to court; return and
which may be anywhere in the Philippines. proceedings thereon. — (a) The officer must forthwith deliver the property
seized to the judge who issued the warrant, together with a true inventory
Section 5. Examination of complainant; record. — The judge must, before thereof duly verified under oath.
issuing the warrant, personally examine in the form of searching questions
and answers, in writing and under oath, the complainant and the witnesses he (b) Ten (10) days after issuance of the search warrant, the issuing judge shall
may produce on facts personally known to them and attach to the record their ascertain if the return has been made, and if none, shall summon the person
sworn statements, together with the affidavits submitted. 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.

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.

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.
Outline of Rule 126 of the Rules of Court in the Philippines: Search and o However, if the criminal action has already been filed, the
Seizure application shall only be made in the court where the
criminal action is pending. This ensures consistency and
I. Introduction avoids unnecessary jurisdictional conflicts. [1]

IV. Property Subject to Seizure

 Rule 126 governs the issuance and execution of search warrants in
the Philippines.
 It outlines the legal framework for searches and seizures, ensuring  Section 3 outlines the types of personal property that can be seized
that these actions are conducted with due process and respect for under a search warrant:
individual rights. o (a) Subject of the offense: This includes items directly
 This rule is crucial for balancing the government's need to investigate related to the crime, such as stolen goods or contraband.
and prosecute crime with the protection of individual privacy and o (b) Stolen or embezzled and other proceeds, or fruits of
property rights. [1] the offense: This covers items acquired as a result of the
crime, like money or assets obtained through illegal
II. Definition and Purpose of a Search Warrant activities.
o (c) Used or intended to be used as the means of
committing an offense: This encompasses tools or
 A search warrant is a written order issued by a judge, authorizing a instruments used to commit the crime, such as weapons or
law enforcement officer to search a specific location for specific forged documents. [1]
items. [1]
 It serves as a judicial check on the government's power to intrude V. Requisites for Issuing a Search Warrant
into private spaces and seize property.
 The purpose of a search warrant is to ensure that searches are
conducted legally and with proper authorization, preventing arbitrary  Section 4 outlines the strict requirements for issuing a search
or unreasonable intrusions. warrant:
o Probable cause: The judge must be convinced that there is a
III. Jurisdiction and Venue for Filing Applications reasonable belief that a crime has been committed and that
the evidence sought will be found at the specified location.
o Specific offense: The warrant must be issued in connection
 Section 2 of Rule 126 specifies the courts where applications for with a specific crime, preventing general searches or fishing
search warrants may be filed: expeditions.
o a) Any court within whose territorial jurisdiction a crime o Personal determination: The judge must personally
was committed: This applies to cases where the location of examine the complainant and witnesses under oath, ensuring
the crime is known. that the information provided is reliable and credible.
o b) Any court within the judicial region where the crime o Particular description: The warrant must clearly describe
was committed if the place of the commission of the the place to be searched and the items to be seized,
crime is known, or any court within the judicial region preventing ambiguity and potential abuse. [1]
where the warrant shall be enforced: This allows for
flexibility, especially when the location of the crime is VI. Examination of Complainant and Witnesses
unknown or when the warrant will be enforced in a different
jurisdiction.
  Section 5 emphasizes the importance of a thorough examination of
the complainant and witnesses: X. Time of Service
o The judge must conduct a personal examination, asking
searching questions and answers in writing and under oath.
o This ensures that the judge has a clear understanding of the  Section 9 specifies the time of service for the warrant:
facts and evidence, preventing the issuance of warrants o Generally, the warrant must be served during the daytime,
based on flimsy or unreliable information. unless the affidavit indicates that the property is on the
o The sworn statements of the complainant and witnesses, person or in the place to be searched, in which case it may be
along with any supporting affidavits, must be attached to the served at any time of the day or night.
record. [1] o This provision balances the need for efficient law
enforcement with the protection of individual privacy,
VII. Issuance and Form of the Search Warrant allowing for nighttime searches only in exceptional
circumstances. [1]

 Section 6 outlines the process for issuing a search warrant: XI. Validity of the Search Warrant
o If the judge is satisfied that probable cause exists, they shall
issue the warrant.
o The warrant must be in the form prescribed by the Rules of  Section 10 sets the validity period for a search warrant:
Court, ensuring uniformity and clarity. [1] o It is valid for ten (10) days from its date of issuance.
o After this period, it becomes void.
VIII. Execution of the Search Warrant o This time limit prevents the warrant from being used
indefinitely, ensuring that searches are conducted promptly
and with a specific purpose. [1]
 Section 7 grants law enforcement officers the right to break open
doors or windows to execute the warrant: XII. Receipt for Seized Property
o This applies when the officer is refused admittance after
giving notice of their purpose and authority.
o The purpose is to ensure that the search can be carried out  Section 11 requires the officer to provide a detailed receipt for the
effectively, preventing the destruction or concealment of seized property:
evidence. [1] o The receipt must be given to the lawful occupant in whose
presence the search and seizure took place.
IX. Presence of Witnesses During Search o In their absence, the receipt must be left in the place where
the property was found, in the presence of two witnesses.
o This ensures that the occupant or owner is aware of the items
 Section 8 requires the presence of witnesses during the search: seized and can challenge the validity of the seizure if
o The search must be conducted in the presence of the lawful necessary. [1]
occupant of the premises or a family member.
o In their absence, two witnesses of sufficient age and XIII. Delivery of Seized Property and Return of the Warrant
discretion residing in the same locality must be present.
o This requirement ensures transparency and accountability
during the search, minimizing the risk of abuse or  Section 12 outlines the procedures for delivering the seized property
misconduct. [1] to the court and returning the warrant:
 o The officer must deliver the seized property to the issuing  This rule is essential for ensuring that searches and seizures are
judge, along with a verified inventory. conducted legally and fairly, upholding the principles of due process
o The judge must ascertain whether the return has been made and the protection of individual liberty. [1]
within ten (10) days of the warrant's issuance.
o Failure to return the warrant or comply with the Examples:
requirements of this section constitutes contempt of
court. [1]
1. A police officer receives information that a suspect is hiding
XIV. Search Incident to Lawful Arrest illegal drugs in their home. The officer applies for a search
warrant, presenting evidence to the judge that supports the claim
of probable cause. The judge, after examining the officer and
 Section 13 allows for a search incident to a lawful arrest: witnesses under oath, issues the warrant, specifically describing
o A person lawfully arrested may be searched for dangerous the location to be searched and the items to be seized. This is an
weapons or evidence related to the offense. example of a lawful search warrant issued in accordance with
o This is a limited exception to the warrant requirement, Rule 126.
justified by the need to ensure the safety of the arresting 2. During a lawful arrest for theft, the arresting officer searches the
officer and prevent the destruction of evidence. [1] suspect's person and finds a stolen credit card. This is an
example of a search incident to lawful arrest, permitted under
XV. Motion to Quash a Search Warrant or Suppress Evidence Section 13 of Rule 126.
3. A homeowner suspects that their neighbor is growing marijuana
in their backyard. They file a motion to quash a search warrant
 Section 14 provides for a motion to quash a search warrant or that was issued without proper probable cause and seek to
suppress evidence obtained through an illegal search: suppress any evidence obtained through the illegal search. This is
o This motion can be filed in the court where the criminal an example of a legal challenge to the validity of a search
action is pending. warrant, as outlined in Section 14 of Rule 126.
o If no criminal action has been instituted, it can be filed in the
court that issued the warrant.
o This allows individuals whose rights have been violated to
challenge the legality of the search and seek the suppression
of any illegally obtained evidence. [1]

XVI. Conclusion

 Rule 126 of the Rules of Court in the Philippines provides a

comprehensive framework for searches and seizures, balancing law
enforcement needs with individual rights.
 It outlines the requirements for obtaining a search warrant, the
procedures for its execution, and the remedies available to
individuals whose rights may have been violated.