MODULE IN CRCLJ 101

How warrant of arrest executed?

The head of the office to which the warrant of arrest was delivered for execution shall
cause the warrant to be executed within 10 days from its receipt. Within 10 days after
the expiration of the period, the officer to whom it was assigned for execution shall
make a report to the judge who is issued the warrant. In case of the failure to execute
the warrant, he shall state the reason.
NOTE: A WARRANT OF ARREST HAS NO EXPIRY DATE. IT REMAINS VALID UNTIL
ARREST IS EFFECTED OR THE WARRANT IS LIFTED.

WHENN WARRANTLESS ARREST OR ARREST WITHOUT WARRANT IS

PERMITTED
1. In his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
2. An offense has just been committed and he has probable cause to believe
based on personal knowledge of facts or circumstances that the person to be
arrested has committed it; and
3. The person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from
one confinement to the another.

In cases falling under paragraphs 1 and 2, the person arrested without warrant
shall be delivered to the nearest police station or jail and shall be proceeded against in
accordance with section 7 of rule 112.

NOTE:
THE GENERAL RULE AS REGARDS ARREST, SEARCHES AND SEIZURE IS THAT A
WARRANT IS NEEDED IN ORDER TO VALIDLY EFFECT THE SAME. THE
CONSTITUTIONAL PROHIBITION AGAINST UNREASONABLE ARREST, SEARCHES
AND SEAIZURE MAY REFER TO THOS EFFECTED WITHOUT A VALIDLY ISSUED
WARRANT. HENCE, THE DOCTRINE IS THAT A WARRANT OF ARREST IS
REQUIRED BEFORE AN ARREST IS MADE. A WARRANTLESS ARREST ARE THE
EXCEPTIONS.
THERE ARE OTHER GROUNDS FOR A WARRANTLESS ARREST. SUCH GROUNDS
ARE THE FOLLOWING
A. WHEN A PERSON PREVIOUSLY LAWFULLY ARRESTED ESCAPE.
 B. WHEN ACCUSED ATTEMPTS TO LEAVE THE COUNTRY WITHOUT
PERMISSION OF THE COURTS.

RIGHTS OF ARRESTING OFFICER TO BREAK INTO AND BREAKOUT

A. THE RIGHT OF OFFICER TO BREAK INTO THE BUILDING OR ENCLOSURE

AN OFFICER, IN ORDER TO MAKE AN ARREST EITHER BY VIRTUE

OF A WARRANT OR WITHOUT WARRANT AS PROVIDED IN SECTION
5, MAY BREAK INTO A BUILDING OR ENCLOSURE WHERE THE TO
BE ARRESTED OIS OR IS REASONABLY BELIEVED TO BE, IF HE IS
REFUSED ADMITTANCE THERETO, AFTER ANNOUNCING HIS
AUTHORITY AND PURPOSE.

REQUISITES:
1. THAT THE PERSON TO BE ARRESTED IS OR REASONABLY
BELIEVED TO BE IN THE BUILDING
2. THAT HE ANOUNCED HIS AUTHORITY AND PURPOSE FOR
ENTERING THEREIN
3. HE HAD BEEN DENIED ADMITTANCE

What is search?

The term search refers to the examination of an individual’s person, house, papers
or effects, or other buildings and premises to discover contraband or some evidence of
guilt to be used in the prosecution of a criminal action.

SEARCH WARRANT?
A SEARCH WARRANT IS AN ORDER IN WRITING ISSUED IN THE NAME OF THE
PEOPLE OF THE PHILIPPINES, SIGNED BY A JUDGE AND DIRECTED TO A PEACE
OFFICER COMMANDING HIM TO SEARCH FOR PERSONAL PROPERTY
DESCRIBED THERIN AND BRING IT BEFORE THE COURT
ELEMENTS OF SEARCH WARRANT
1. WRITTEN ORDER
2. SIGNED BY THE JUDGE IN THE NAME OF THE PEOPLE OF PHILIPPINES
3. COMMANDING A PEACE OFFICER TO SEARCH PERSONAL PROPERTY
4. TO SEIZE AND BRING SUCH PERSONAL PROPERTY TO THE COURT.
What personal properties may be the objects of search warrant?

1. Properties subject of offense;

2. Stolen, embezzled, and other proceeds, or fruits of the offense;
3. Used or intended to be used as a means of committing an offense;
4. Any items that are illegal per se.

Application of search warrant

All application for search warrant shall be approved for filing by the Chief of Police.
The application shall indicate the following data:

1. Office applying for search warrant;

2. Name of officer applicant;
3. Name of subject, if known;
4. Address/place(s) to be search;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.

Court where application for search warrant shall be filed

Application for search warrant shall be filed with the following:

1. Any court within whose territorial jurisdiction a crime was committed.

2. 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.

Requisites for the issuance of a search warrant

A search warrant is issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses presented. The search
warrant particularly describes the place to be searched and the things to be seized
which may be anywhere in the Philippines.

Validity of search warrant

The warrant is valid for ten (10) days from the date of its issuance. Thereafter, it
shall be void. If, in the implementation of the search warrant, its object or purpose
cannot be accomplished in one day, the search can be continued the following day, or
days, until completed, provided it is still within the ten (10) day validity period of the
search warrant.

If the object or purpose of the search warrant cannot be accomplished within the
ten (10) day validity period , the responsible police officer conducting the search must
file, before the issuing court, an application for the extension of the validity period of
said search warrant.

Time of search

The warrant must direct that it be served in the day time, unless the affidavit asserts
that the property is on the person or in the place ordered to be searched, in which case
a direction may be inserted that it be served at any time of the day or night.

Valid search and seizure without warrant

1. Search made incidental to a valid arrest

A person lawfully arrested may be searched without warrant for dangerous

weapons or anything which may be used or which may constitute proof in the
commission
of an offense.

2. Search of moving vehicles

If the officers who will be conducting the search has reasonable or probable cause
to believe that the motorist, before the search, is law offender or they will find
the
instrumentality or evidence pertaining to a crime in the vehicle to be searched, the
vehicle
may be stopped and subjected to an extensive search.

3. Seizure of evidence in plain view

Any object in the plain view may be subjected to seizure and may be introduced as
evidence.

Requirements of plain view doctrine:

a. The police officer must have prior justification for an intrusion or, otherwise,
must be in a position from which he can view a particular area.
b. The discovery of the evidence in plain view is unintentional.
c. It is immediately apparent to the police officer that the item he observes may be
evidence of a crime, contraband, or is otherwise valid subject for seizure.
4. Searches under the stop-and-frisk rule
The designation of the right of a police officer to stop a person on the street,
interrogate him, and pat him for weapons whenever the officer has observed unusual
conduct which convince him that a criminal activity may be committed by the subject.