Criminal
Procedure and
Court
Testimony
Search
warrant
Chapter 10
• A search warrant is an
order in writing issued in
the name of the People of
the Philippines, signed by
DEFINITION a judge and directed to a
peace officer,
OF SEARCH commanding him to
WARRANT search for personal
property described therein
and bring it before the
court. [Section 1, Rule
126]
• "Section 2.The right of the people
to be secure in their persons,
The Constitutional houses, papers, and effects
provision against unreasonable searches and
seizures of whatever nature and
regarding the for any purpose shall be inviolable,
matter can be and no search warrant or warrant
found in Section 2, of arrest shall issue except upon
probable cause to be determined
Article III of the personally by the judge after
1987 Philippine examination under oath or
affirmation of the complainant and
Constitution, the witnesses he may produce,
which provides as and particularly describing the
place to be searched and the
follow: persons or things to be seized.
REQUISITES OF A VALID SEARCH
WARRANT:
a) It is an order in writing;
b) It is issued in the name of the People of the Philippines;
c) It is signed by a judge; and
d) Directed to a peace officer, commanding him to search for
personal property described therein and bring it before the
court.
PLACE OF APPLICATION OF SEARCH
WARRANT
• 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.
However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal
action is pending. [Section 2, Rule 126).
ITEMS THAT MAY
BE SEIZED:
• A 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
(Section3, Rule 126]
REQUISITES FOR ISSUANCE OF A
SEARCH WARRANT:
• Issued upon probable cause in connection with one specific
offense;
• Probable cause to be determined personally by the judge;
• Probable cause is determined after examination under oath
or affirmation of the complainant and the witness he may
produce; and
• The complainant and the witness must particularly describe
the place to be searched and the things to be seized which
may be anywhere in the Philippines. Section 4, Rule 126).
• Such facts and
circumstances which would
lead a reasonably discreet
and prudent man to believe
PROBABLE
that an offense has been CAUSE
committed and that the
objects sought in connection
FOR
with the offense are in the SEARCH:
place sought to be searched
CONDUCTING SEARCH AND SEIZURE
• Mandates that the search of house, room, or any other
premise be made in the presence of
1. the lawful occupant thereof; or
2. any member of his family or in the absence of the latter,;
3. in presence of 2 witnesses of sufficient age and
discretion residing in the locality;
• must direct that it be served in daytime, unless the
property is on the person or place ordered to be searched,
in which case a direction may be inserted that it be served
at anytime of the day or night.
• Authority and time within which to effect the search must
be stated in the warrant.
• 10 days validity period of the search warrant from its date,
after which it shall be void and have no force and effect.
• Search warrant can only be used once and for the purpose
it was issued, but within the ten day period.
• Duty of the searching officer to give receipt/list of seized
properties.
• Receipt of the goods seized must be attested by the
witness.
• Signature of the accused in the accused in the receipt of
the property seized considered as extra judicial confession
inadmissible in evidence.
1. break open any outer
or inner door or window
of a house or any part
therein to execute
Right of warrant; or
the
2. liberate himself or
officer: any person lawfully
aiding him when
unlawfully detained
therein.
Duty of the officer
• . to deliver the seized properties to the judge who issued the
warrant, together with a true inventory thereof duly verified
under oath.
1. Seized article must be delivered to the judge and not to the
prosecutor if delivery to the prosecutor objectionable.
2. Seized goods must be turned over to the court which issued
the warrant, police officers has no authority to retain
possession of the same.
3. Retention of the seized goods by the seizing officers valid if
authorized by the court.
Instances of VALID SEARCH
WITHOUT WARRANT
• 1. search incidental to lawful arrest; limitation :
1. a search of the entire hut exceeds the bounds of
that which may be considered to be incident to a
lawful arrest.
2. the scope of the search in one incident to lawful
arrest should be limited to the area within which
the person to be arrested can be reached for a
weapon of for evidence that he or she can destroy.
3. Search incidental to lawful arrest required in
flagrante delicto arrest.
Instances of VALID SEARCH WITHOUT
WARRANT
4. Search involves
3. In case of cases of inspection of
insurgency and building or other
2. Search and seizure
exigency of the premises for
of vessel and aircraft;
moment.(time was of enforcement of fire,
the essence); sanitary and building
regulation;
6. Search is effected 7. Consented search
5. Within the plain
on the basis of knowing agreeing to
view “ open to the eye
probable cause such be searched or waiver
and hand” of the law
as “stop and search” of objection to illegal
enforcement officer;
(stop and frisk”); and search.
QUASHAL OF SEARCH WARRANT AND SUPPRESSION
OF EVIDENCE OBTAINED BY VIRTUE OF SUCH
WARRANT:
• 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. Section 14, Rule 126].
REMEDIES FOR SEARCH WARRANT
MALICIOUSLY OBTAINED:
• Any person affected by the issuance of a search warrant
may file with 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.
