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Search Warrant Guidelines in the Philippines

This document discusses search warrants under Philippine law. It notes that the 1987 Constitution protects against unreasonable searches and seizures. A search warrant can be issued by any court where a crime was committed or by Special Commercial Courts in Metro Manila which can issue nationwide warrants for intellectual property violations. A search warrant can be issued for personal property that is subject to an offense, stolen, or intended to be used in committing an offense. The document outlines the procedure for executing and returning a search warrant, and notes they are valid for 10 days.

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Yaz Carloman
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162 views17 pages

Search Warrant Guidelines in the Philippines

This document discusses search warrants under Philippine law. It notes that the 1987 Constitution protects against unreasonable searches and seizures. A search warrant can be issued by any court where a crime was committed or by Special Commercial Courts in Metro Manila which can issue nationwide warrants for intellectual property violations. A search warrant can be issued for personal property that is subject to an offense, stolen, or intended to be used in committing an offense. The document outlines the procedure for executing and returning a search warrant, and notes they are valid for 10 days.

Uploaded by

Yaz Carloman
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

By Jose Lorenzo R.

Dela Rosa

1987 Constitution
Art. III Sec. 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 judge after
examination under oath or affirmation of the
complaint and the witnesses he may produce,
and particularly describing the place to be
searched and the persons or things to be
seized.

WHERE
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.

WHERE

PILIPINAS SHELL PETROLEUM


CORPORATION AND PETRON
CORPORATION
v.
ROMARS INTERNATIONAL GASES
CORPORATION
(February 16, 2015)

WHERE

Criminal Procedure
Rule 10, Sec.2 Special Commercial Courts in
the National Capital Judicial Region with
authority to issue search warrants enforceable
nation wide.
Special Commercial Courts in Quezon City,
Manila, Makati and Pasig shall have authority
to act on application for the issuance of search
warrants involving violations of the Intellectual
Property Code, which search warrants shall be
enforceable nationwide.

WHERE

Criminal Procedure
Rule 10, Sec.2 Special Commercial Courts in
the National Capital Judicial Region with
authority to issue search warrants enforceable
nation wide.
Within their respective territorial
jurisdictions, the Special Commercial courts in
the judicial regions where the violation of
intellectual property rights occurred shall have
concurrent jurisdiction to issue search
warrants.

WHERE

However, if the criminal action has


already been filed, the application
shall only be made in the court
where the criminal action is pending.

WHAT

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.

A.M. NO. 02-1-06 SC


RULE ON SEARCH AND SEIZURE IN CIVIL
ACTIONS FOR INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS
A.M. NO. 03-8-02 SC
HEINOUS CRIMES, DRUGS, AMLC

HOW

Break open
Witness occupant /
2 witness

Daytime / Nighttime
Receipt + Inventory

VALIDITY
10 DAYS
RETURN

QUASAL/
SUPPRESSION
1.
2.

Where issued
Where pending

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