SEARCH AND SEIZURE

Constitutional Protection Against Unreasonable Searches and Seizures

(Section 2, Article III, 1987 Constitution)

●​ Every person has the right to be secure in their persons, houses, papers, and effects
against unreasonable searches and seizures.
●​ General Rule: A search warrant or warrant of arrest is required before law enforcers
can conduct a search or an arrest.
●​ Exception: Warrantless searches and arrests are allowed in specific circumstances
(explained later).
●​ A warrant can only be issued by a judge based on probable cause.

Who Can Invoke This Right?

●​ Personal Right: Only the person whose rights have been violated can invoke this
protection.
●​ Not Applicable to Private Acts: If a private individual conducts a search without a
warrant (without government involvement), the constitutional protection does not
apply (People v. Marti).

Who Can Issue Warrants?

General Rule: Only a judge can issue a search warrant or warrant of arrest under the
Constitution.

Exception:

●​ Administrative authorities may issue arrest orders, but only after a final finding of a
legal violation (Morano v. Vivo).
●​ Deportation Cases: In Harvey v. Santiago, the Supreme Court ruled that a judge’s
determination of probable cause is not required in deportation cases, since
deportation is an administrative, not criminal, process.

Requirements for a Valid Search Warrant (Rule 126, Rules of Court – P.J.E.P.)

A search warrant must meet the following four requirements:

1.​ Probable Cause – There must be reasonable grounds to believe that a crime was
committed and that the place to be searched contains evidence related to the crime.
2.​ Judge’s Personal Determination – The judge must personally evaluate the
evidence before issuing a warrant.
 3.​ Examination Under Oath or Affirmation – The complainant and witnesses must
swear under oath that their claims are truthful.
4.​ Particularity Requirement – The warrant must specifically describe:
●​ The place to be searched
●​ The items to be seized
●​ The offense committed

Types of Invalid Warrants

●​ General Warrant: A warrant that fails to specify the crime, place to be searched, or
items to be seized. Outlawed in Stonehill v. Diokno.
●​ Scatter-shot Warrant: A warrant issued for multiple offenses, which is not allowed
except in drug-related cases (People v. Dichoso).

Probable Cause in Warrants

Probable cause differs depending on the type of warrant:

Search Cases:

The judge must believe that:

-​ The items sought are linked to a crime.

-​ The items will be found in the place to be searched.
-​ The warrant does not need to identify a specific person.

Arrest Cases:

The judge must believe that:

-​ A crime has been committed.

-​ The person to be arrested committed the crime.
-​ Unlike in search cases, there is no need to prove that evidence of the crime will be
found in the suspect’s premises.

Warrants of Arrest (Rule 113, Rules of Court)

●​ Personal Examination Not Required: In Soliven v. Makasiar, the Supreme Court

ruled that a judge does not need to personally examine the complainant and
witnesses.
●​ Instead, the judge may:

a) Evaluate the fiscal’s (prosecutor’s) report and supporting documents, or

b) If not convinced, require additional affidavits before deciding.

 ●​ The judge determines probability, not certainty, of guilt.

Particularity Requirement in Search Warrants

●​ A search warrant must specifically describe what will be searched and seized.
●​ If there is a mistake in the name but the place is correctly described, the warrant
remains valid.

Special Types of Warrants

John Doe Warrant:

-​ Issued when the suspect’s name is unknown, but the warrant must describe the
person with reasonable certainty (descriptio personae).
-​ Example: A witness reports a robbery and describes the suspect as “a man around
5’10”, wearing a black hoodie and a dragon tattoo on his left arm, seen fleeing the
crime scene.”
-​ Since the name of the suspect is unknown, the court issues a John Doe Warrant,
identifying the suspect based on physical description (descriptio personae).

Superseding Warrant:

-​ A new warrant replaces an earlier one when new facts arise.

-​ Example: A search warrant was issued to seize a suspect’s laptop in a cybercrime
case. However, new evidence shows the suspect also used external hard drives to
commit the crime.
-​ The court issues a superseding warrant that replaces the original and includes the
external hard drives along with the laptop.

Partially Defective Warrant:

-​ If a warrant is invalid for some items but valid for others, the valid parts remain
enforceable.
-​ Example: A search warrant is issued for illegal firearms and drugs in a suspect’s
home. However, the warrant fails to properly describe the drugs but correctly
describes the firearms.
-​ The drug-related part of the warrant is invalid, but the police can still seize the illegal
firearms under the valid portion of the warrant.

Warrantless Searches and Seizures (Exceptions to the Warrant Requirement)

A search or seizure may be conducted without a warrant under these exceptions:

 1.​ Search Incident to a Lawful Arrest – A person who is lawfully arrested can be
searched without a warrant.
-​ Requisite: The arrest must come before the search, but if police already have
probable cause, a search made immediately before the arrest is still valid.
-​ Example: A police officer arrests a suspect for drug possession. After the arrest, the
officer searches the suspect’s backpack and finds more illegal drugs.
-​ After a lawful arrest, officers can search the suspect’s person and immediate
surroundings to prevent the destruction of evidence or ensure safety.
2.​ Moving Vehicle Searches – Allowed because vehicles are mobile and evidence
may be lost (People v. Malmstedt).
-​ Requisites: (1) The establishment of the checkpoint must be pronounced (2) It must
be stationary, not roaming (3) The search must be limited to visual search and must
not be an intrusive search.
-​ Example: Police set up a checkpoint and stop a suspicious van. They notice a strong
smell of marijuana coming from inside.
-​ Because a vehicle can be quickly moved, law enforcement can search it without a
warrant if they have probable cause, such as the smell of drugs or suspicious
behavior.
3.​ Plain View Doctrine – Items clearly visible to officers in a lawful position can be
seized (People v. Musa).
-​ Requisite: (1) Police must have lawful presence (valid arrest or duty). (2) Evidence
must be discovered unintentionally. (3) Evidence must be clearly visible. (4) No
further search is needed to seize the evidence.
-​ Example: Police enter a house with a valid arrest warrant for a suspect. While inside,
they see illegal firearms and drugs on the table in plain sight.

Officers can seize items without a search warrant if:

-​ They are lawfully present at the location.

-​ The illegal items are clearly visible.
-​ It is immediately apparent that the items are evidence of a crime.
4.​ Customs Searches – No warrant is needed for border inspections (People v. Mago).
-​ Example: At the airport, customs officers inspect a passenger’s luggage and find
undeclared gold bars hidden inside.
-​ Customs officers do not need a search warrant to inspect luggage at borders, ports,
or airports because such searches are part of border security and national interest.
5.​ Voluntary Waiver – If a person consents to a search, no warrant is required.
-​ Example: A police officer asks a driver, “Can I check your trunk?”, and the driver
says, “Yes, go ahead.”
-​ If a person freely and voluntarily consents to a search, law enforcement does not
need a warrant. However, consent must be voluntary and not forced or tricked.
6.​ Exigent Circumstances – Immediate threats to security may justify warrantless
searches.
-​ Example: Police hear gunshots inside a house and see someone screaming for help
through the window.
-​ When there is an immediate threat to life or public safety, officers can enter without a
warrant to prevent harm or destruction of evidence.
 7.​ Stop and Frisk – A police officer may pat down a suspect if there is reasonable
suspicion (Malacat v. CA).
-​ Requisite: The police officer should properly introduce himself and make initial
inquiries, approach and restrain a person who manifests unusual and suspicious
conduct, in order to check the latter’s outer clothing for possibly concealed weapons.
-​ Example: A police officer notices a man acting nervously outside a bank and holding
something bulky under his jacket.
-​ If an officer has reasonable suspicion that a person is armed and dangerous, they
can briefly pat them down for weapons or contraband.
-​ Limit: This is only a surface-level frisk, not a full search unless further evidence is
found.

NOTE: The requisite of probable cause must still be satisfied before a warrantless search
and seizure can be lawfully conducted. Probable cause must be based only on reasonable
ground of suspicion or belief that a crime has been or about to be committed. This is decided
not by a judge but by a searching officer.

Warrantless Arrests (Rule 113, Sec. 5)

An arrest without a warrant is valid in these situations:

1.​ In Flagrante Delicto – The suspect is caught in the act of committing a crime (Umil
v. Ramos).
-​ Example: A police officer is patrolling at night and sees a man breaking into a parked
car using a crowbar. The officer immediately arrests the man without a warrant.
-​ Since the crime is being committed in the officer’s presence, an immediate
warrantless arrest is justified.
2.​ Hot Pursuit – A crime has just been committed, and there is personal knowledge of
the suspect’s involvement.
-​ Example: A store owner reports a robbery that just happened and describes the
suspect as a man wearing a red hoodie, carrying a black bag. Minutes later, an
officer spots a man matching the description running away. The officer arrests him
without a warrant.

The arrest is valid because:

-​ The crime was recently committed.

-​ The officer had personal knowledge based on the store owner’s report.
-​ There was probable cause to believe the suspect committed the crime.
3.​ Escapee Rule – A person who has escaped from detention may be rearrested
without a warrant.
-​ Example: A prisoner escapes from jail while serving a sentence for robbery. A week
later, the police find him hiding in his relative’s house and arrest him without a
warrant.
-​ A person who escapes from legal custody can be rearrested at any time and any
place without needing a new warrant.
Exclusionary Rule & Fruit of the Poisonous Tree Doctrine

●​ Exclusionary Rule: Evidence obtained illegally cannot be used in court.

-​ Example: Police officers search a suspect’s house without a warrant and find illegal
drugs inside. In court, the suspect’s lawyer objects, arguing that the search was
unconstitutional.
-​ Under the Exclusionary Rule, the drugs cannot be used as evidence because they
were obtained through an illegal search, violating the suspect’s rights.
●​ Fruit of the Poisonous Tree Doctrine: Any evidence derived from an illegal search
or arrest is also inadmissible.
-​ Example: Police illegally wiretap a suspect’s phone without a warrant and learn
about a hidden drug stash. Using this information, they obtain a warrant and find
more illegal drugs. The suspect’s lawyer challenges the search in court.
-​ Since the original wiretap was illegal, any evidence discovered as a result of that
illegality (the drug stash) is also inadmissible under the Fruit of the Poisonous Tree
Doctrine.

NOTE:

●​ Search and seizure must be reasonable—a warrant is generally required unless an

exception applies.
●​ Only a judge can issue warrants, except in administrative cases like deportation.
●​ Search warrants must meet four requirements (P.J.E.P.).
●​ General and scatter-shot warrants are unconstitutional. Searches focus on places
and objects → Probable cause must link the location to the crime. Arrests focus on
people → Probable cause must link the person to the crime.
●​ Probable cause is determined differently for searches and arrests.
●​ Certain situations justify warrantless searches and arrests.
●​ Illegally obtained evidence is inadmissible in court.

Rule 126 (Search and Seizure)

Section 1: Search Warrant Defined

A search warrant is an official order from a judge to law enforcement officers, authorizing
them to search a specific place for items connected to a crime and to bring those items to
court. The warrant is signed by the judge and is issued in the name of the People of the
Philippines.
Section 2: Court Where Application for Search Warrant Shall Be Filed

●​ The application for a search warrant must be filed in a court within the jurisdiction
where the crime occurred.
●​ If there are compelling reasons, the application can also be filed in any court within
the judicial region where the crime occurred or where the warrant will be executed.
●​ If a criminal case is already filed, the application must be made in the court where
that case is pending.

Section 3: Personal Property to Be Seized

A search warrant can be issued to search for and seize personal property that is:

1.​ Subject to the offense (e.g., stolen items),

2.​ Proceeds or fruits of the crime (e.g., money or goods obtained illegally), or
3.​ Used or intended to be used to commit the crime (e.g., tools or weapons involved in
the crime).

Section 4: Requisites for Issuing a Search Warrant

●​ A search warrant can only be issued if there is probable cause related to one specific
offense.
●​ The judge must personally determine the probable cause based on an examination
of the complainant and witnesses under oath.
●​ The warrant must specifically describe the place to be searched and things to be
seized, and this can be done anywhere in the Philippines.

Section 5: Examination of Complainant; Record

●​ The judge must personally question the complainant and their witnesses, under oath,
to gather facts that justify the search.
●​ The judge must document their questions, answers, and the witnesses’ sworn
statements in the official record.

Section 6: Issuance and Form of Search Warrant

●​ If the judge is satisfied with the evidence and believes there is probable cause, the
judge will issue the search warrant.
●​ The search warrant must follow the format prescribed by law.
Section 7: Right to Break Door or Window to Effect Search

●​ If law enforcement is denied entry into a premises after announcing their purpose,
they have the right to break a door, window, or any other part of the property to
execute the warrant.
●​ This is allowed to liberate themselves or any person lawfully detained inside.

Section 8: Search of House, Room, or Premises to Be Made in Presence of Two

Witnesses

A search must be made in the presence of:

1.​ The lawful occupant (person whose property is being searched), or

2.​ Two witnesses who are discreet and of sufficient age and live in the same locality as
the searched premises.

The purpose is to ensure that the search is done fairly and transparently.

Section 9: Time of Making Search

●​ A search warrant must be served during daytime, unless there is a statement in the
affidavit stating that the property is in the possession of a person or in a location that
needs to be searched at any time of day or night.

Section 10: Validity of Search Warrant

●​ A search warrant is only valid for 10 days from the date of issue.
●​ After 10 days, the warrant is void unless it is executed within that period.

Section 11: Receipt for the Property Seized

●​ When property is seized, the officer must give a detailed receipt to the lawful
occupant of the premises.
●​ If the occupant is absent, the receipt should be left in the presence of at least two
witnesses from the same locality.

Section 12: Delivery of Property and Inventory to Court; Return and Proceedings
Thereon

●​ The officer must immediately deliver the seized property to the judge who issued the
warrant, along with an inventory of the property.
 ●​ The judge has 10 days to confirm that the return was made, and if no return is made,
the officer must explain why.
●​ If the judge finds that proper procedures were followed, they will ensure the seized
property is handed over properly.
●​ A failure to comply with these requirements can result in contempt of court.

Section 13: Search Incident to Lawful Arrest

●​ A person lawfully arrested may be searched without a warrant to look for dangerous
weapons or evidence related to the crime they were arrested for.

Section 14: Motion to Quash a Search Warrant or to Suppress Evidence; Where to File

A motion to quash a search warrant or suppress evidence can be filed in:

1.​ The court where the criminal case is pending, or

2.​ The court that issued the warrant if no criminal action has been filed.

If the case moves to another court, the new court will resolve the motion.

NOTE:

Rule 126 outlines the legal procedures for issuing search warrants and conducting searches
and seizures, ensuring that these actions are based on probable cause and proper judicial
review. It also specifies the rights of individuals during searches, including how property
must be handled and the time limits on search warrants. These rules are designed to protect
citizens’ rights while allowing law enforcement to gather evidence for criminal investigations.

Rule 113 (Arrest)

Section 1: Definition of Arrest

●​ Arrest means taking a person into custody to make them answer for a crime they are
accused of.
●​ The goal of an arrest is to ensure the accused appears before the court and faces
legal proceedings.

Section 2: How an Arrest is Made

Two ways to make an arrest:

 1.​ Actual restraint – Physically holding or restricting the movement of the person.
2.​ Voluntary submission – If the person willingly surrenders to the authorities.

Key Rule: No unnecessary force or violence should be used, and the person should not be
restrained beyond what is needed for detention.

Section 3: Duty of the Arresting Officer

●​ Once a person is arrested, the officer must immediately bring them to the nearest
police station or jail.
●​ No unnecessary delay is allowed to prevent abuse or illegal detention.

Section 4: Execution of Warrant of Arrest

●​ The officer must execute the warrant within 10 days from receiving it.
●​ If the warrant is not executed within this period, the officer must report to the judge
and explain why the arrest was not made.

Section 5: When Warrantless Arrests Are Allowed

A peace officer or private person can arrest someone without a warrant in these cases:

1.​ In Flagrante Delicto (Caught in the Act) - The person is committing or attempting
to commit a crime in the officer’s presence.
2.​ Hot Pursuit - A crime has just been committed, and the officer has probable cause to
believe that the suspect committed it.
3.​ Escapee Rule - The person escaped from prison or while being transferred to
another detention facility.

In the first two cases, the suspect must immediately be brought to the police station and
formally charged.

Section 6: Time of Making an Arrest

●​ An arrest can be made anytime—day or night.

●​ There are no time restrictions because law enforcement needs to act when
necessary.

Section 7: Method of Arrest by Officer with Warrant

The officer must inform the suspect about:

 1.​ The reason for the arrest.
2.​ That there is a warrant for their arrest.
●​ Exceptions: If the suspect resists, flees, or informing them would put the arrest at
risk, the officer can delay providing this information.
●​ The officer does not need to have the warrant physically with them but must show it
to the suspect as soon as possible if requested.

Section 8: Method of Arrest by Officer Without a Warrant

The officer must inform the suspect of:

1.​ Their authority (e.g., “I am a police officer”).

2.​ The reason for the arrest.
●​ Exceptions: If the suspect is committing a crime, has just committed a crime, or
resists, the officer can delay providing this information until it is safe to do so.

Section 9: Method of Arrest by a Private Person

A private citizen (not a police officer) can arrest someone but must inform the suspect of:

1.​ Their intention to arrest them.

2.​ The reason for the arrest.
●​ Exceptions: If the suspect is committing or has just committed a crime, or if they try
to escape or resist, the private person can delay providing this information.

Section 10: Officer May Summon Assistance

●​ If an officer needs help making an arrest, they can ask for assistance from as many
people as needed.
●​ Those called to assist must help if they can do so without risking their own safety.

Section 11: Right to Break Into a Building to Make an Arrest

If a suspect hides inside a building, the officer may force entry after:

1.​ Announcing their authority as a police officer.

2.​ Stating their purpose (to make an arrest).

This applies to both warrant and warrantless arrests (under Section 5).
Section 12: Right to Break Out of a Building

●​ If an officer legally enters a building to make an arrest but is trapped inside, they may
force their way out if necessary.
●​ This protects officers from being unlawfully detained by others.

Section 13: Arrest After Escape or Rescue

●​ If a suspect escapes or is rescued after being lawfully arrested, anyone (not just law
enforcement) can immediately recapture them anywhere in the Philippines without
needing a warrant.

Section 14: Right of Attorney or Relative to Visit the Arrested Person

●​ A lawyer must be allowed to visit and privately speak with the arrested person at any
time (day or night).
●​ A relative may also visit but is subject to reasonable regulations (such as visiting
hours).

NOTE:

Rule 113 defines the legal process of arrests, covering:

●​ How arrests should be properly conducted.

●​ When warrantless arrests are allowed.
●​ The rights of arrested persons, including access to a lawyer.
●​ The authority of officers to enter buildings to arrest suspects.

These rules help balance law enforcement power and individual rights under the
Constitution.