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Section 2 Article 3 1987 Constitution

The right of the people to be secure in their persons, house,papers and effects against unreasonable searches andseizures of whatever nature and for any purpose shall beinviolable, and no search warrant or warrant of arrest shallissue, except upon a probable cause to be determined

personally by a judge, after examination under oath oraffirmation of the complaint and the witnesses he mayproduce, particularly describing the place to be searched andthe persons or things to be seized.

Probable cause for search warrant facts and circumstances whichwould lead a reasonably discreet and prudent man to believe that anoffense has been committed and that object sought in connection withthe offense are in the place sought to be searched. (Prudente vsDayrit)

Probable cause for an arrest warrant such facts and circumstanceswhich would lead a reasonably discreet and prudent man to believethat an offense has been committed by a man sought to be arrested.

Search warrants are jurisdictional. It must be issued by thecourt within whose territorial jurisdiction a crime wascommitted or any court within the same judicial region wherethe crime was committed. (Sony Computer Entertainment vsSupregreen Inc.)

AM No. 99-20-09-SC, application of search warrant in the RTCof Manila and Quezon City personally endorsed by the headsof PNP, NBI, PAOC-TF and REACT-TF for heinous crimes, illegalgambling, dangerous drugs and illegal possession of firearmsare enforceable all throughout the Philippines. If the head ofthe agency delegated such ministerial duty to his assistant, itis not prohibited provided that the delegated subordinateshall have no additional compensation and the delegation is

not inconsistent with the law. (Marimla vs People)

Search warrant shall be valid for 10 days from date of issue.

Search Warrant

Requirement for a valid search warrant: [ Section 3 Rule 126]1. Probable cause is present.2. Such presence is determined personally by the judge.3. The complainant and the witnesses are personally examined

by the judge, in writing and under oath or affirmation.

4. The applicant and witnesses testify on facts personally knownto them.

5. The warrant specifically describes the place to be searchedand the things to be seized.

Principles for a valid search warrant.

1. Issuance based on a probable cause. Within personal knowledge of the petitioner/

complainant/ applicant or his witnesses

Information coming from another source will notsuffice to render probable cause as this is hearsay.

2. Personal determination of the judge of the complainant andhis witnesses

It is sufficient that a judge follows establishedprocedure by personally evaluating the report andthe supporting documents of the prosecutor. (Enrilevs Salazar)

Personal satisfaction of the issuing judge that there isindeed a probable cause suffices the requirement.

Personal examination of the persons of thecomplainant and his witnesses may not be resorted ifthe judge is already satisfied that there is indeed aprobable cause by mere deliberation of the reportand its attached documents, made by the fiscal.(Soliven vs Makasiar)

The examination must be in the form of searchingquestions in order to determine probable cause.(Silva vs Presiding Judge) [It is postulated during thediscussion that searching questions are used when alaw enforcer directly approaches a judge with hiswitnesses without the prosecutor.]

The examination must be reduced in writing in theform of searching questions and answers. (People vsMamaril)

3. Specific description of the place. It is essential that the warrant particularly describe

the place to be searched, the manifest intentionbeing that the search be confined strictly to the placeso described. (People vs CA)

The rule is that a description of the place to besearched is sufficient if the officer with the warrantcan, with reasonable effort, ascertain and identify thepace intended to be searched. (People vs Salanguit)[mao ni sya diri ang 1ay help sa mga sketches and

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Laws Pobres

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2ay mga markings na timaan sa place like atong ahouse with no number between houses no. 7 and 11at Binhagan St.]

It does not matter if the person named in the warrantis not a resident of the place to be searched sincethe warrant is to search the place not the person.(Del Rosario vs Donato Sr)

4. Specific description of the objects to be seized.

The things to be seized must be described withparticularity. Technical precision of description is notrequired. It is only necessary that there bereasonable particularity and certainty as to theidentity of the property to be searched for andseized, so that the warrant shall not be a mere rovingcommission. Any description of the place and thingto be searched that will enable the officer making thesearch with reasonable certainty to locate such placeof this is sufficient. (Vallejo vs CA)

The constitutional requirement of reasonableparticularity of description of the things to be seized

is primarily meant to enable law officers serving thewarrant to:i. Readily identify the properties to be seized

and thus prevent them from seizing thewrong items.

ii. Leave said officers with no discretionregarding the articles to be seized and thusprevent unreasonable searches andseizures. (People vs Tee)

If the description of most of the things in the warrantdoes not meet the constitutional requirement ofparticularity, it does not render the entire warrantvoid. The search warrant is severable, and thoseitems not particularly described may be cut offwithout destroying the whole warrant. (Uy vs BIR)

[If ang things na illegally seized are dangerous drugs,medical drugs, firearms and the likes, dili gihapon nisila iuli sa tag-iya. This will be retained by the Stateand will be properly dealt with.]

5. Specific offense (One-offense rule). A search warrant for more than one offense is known

as a scatter-shot warrant, and it violated Section 3Rule 126 of the revised Rules of Court thereforemaking it totally null and void. (Tambasan vs People)

It was discussed that the remedy of this is to issuemultiple warrants with different offense. [kwaknitslang nag discuss ani]

Warrantless Search

All warrantless search are void, and all evidences obtained from theseare held inadmissible as evidences in court.

Exceptions to the rule.1. Search incident to a lawful arrest (Sec13 Rule126 RoC)