Professional Documents
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IS THE ACCUSED PRESUMED TO HAVE BEEN ARRAIGNED IN THE WHAT IS PLEA BARGAINING? (Rule 116)
ABSENCE OF PROOF TO THE CONTRARY?
> It is the disposition of criminal charges by agreement between the prosecution and
> Yes the accused
> In view of the presumption of regularity in the performance of
official duties, it can be presumed that a person accused of a crime was > The accused and the prosecutor in a criminal case work out a
arraigned, in the absence of proof to the contrary mutually satisfactory disposition of the case subject to court approval
> However, the presumption of regularity is not applied when the penalty
imposed is death > It usually involves the defendant’s pleading guilty to a lesser
> When the life of a person is at stake, the court cannot presume offense or to only one or some of the counts of a multi-count indictment in
that there was an arraignment, it has to be sure that there was one return for a lighter sentence than that for the graver charge
4. Ask parties to agree on the specific trial dates and adhere to the ARE SEARCH AND SEIZURES PROHIBITED UNDER THE CONSTITUTION?
flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to
> No. The constitutional guarantee embodied in Article 3, Section 2 of the
promulgation of decision and use the time frame for each stage in setting the trial
dates; Constitution is not a blanket prohibition against all searches
5. Require the parties to submit to the Branch COC the names, and seizures as it operates only against unreasonable searches and seizures
addresses and contact numbers of witnesses that need to be summoned by
subpoena; and
6. Consider modification of order of trial if the accused admits the charge but WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?
interposes a lawful defense.
attendant circumstances.
to search for personal property described therein and bring it before the court. 1. Probable cause in filing of an information
grounded belief that a crime has been committed and the person to be charged
is probably guilty thereof (a) Any court within whose territorial jurisdiction a crime was committed.
2. Probable cause in the issuance of a search warrant (b) For compelling reasons stated in the application, any court
> Facts and circumstances that would lead a reasonable within the judicial region where the crime was committed if the place of the
discreet and prudent man to believe that there has been a crime committed commission of the crime is known, or any court within the judicial region where the
and the things and objects connected to the crime committed are in the place to be warrant shall be enforced.
searched
3. Probable cause in the issuance of a warrant of arrest However, if the criminal action has already been filed, the
> Facts and circumstances that would engender a well- application shall only be made in the court where the criminal action is
grounded belief that a crime has been committed and the person to be arrested pending.
committed it
SEARCH WARRANT MORE STRINGENT THAN THE REQUIREMENTS FOR > As a general rule, any court within whose territorial jurisdiction a
> The right against unreasonable search and seizure is a core right implicit in the committed if the place of the commission of the crime is known, or any court within
natural right to life, liberty and property. Even in the absence of a constitution, the judicial region where the warrant shall be enforced.
individuals have a fundamental and > For example, a drug syndicate keeps his drugs in a warehouse in
natural right against unreasonable search and seizure under natural law. Pasay for the reason that it has connections in Pasay and can
> Moreover, the violation of the right to privacy produces a humiliating effect easily get a tip when the police officers will file for a search
that cannot be rectified anymore. warrant. To avoid the drug syndicate from getting a tip of the impending
> This is why there is no other justification to speak of for a search, except for a search, the police officers apply for a search warrant in Makati stating the compelling
warrant. reason.
> On the other hand, in a warrant of arrest, the person to be arrested can
> However, if the criminal action has already been filed, the
always post bail to prevent the deprivation of liberty.
application shall only be made in the court where the criminal action is
pending.
Sec. 2. Court where application for search warrant shall be filed. – An
(a) Subject of the offense; searching and probing questions—questions not merely answerable by yes
(b) Stolen or embezzled and other proceeds, or fruits of the offense; or or no but could be answered by the applicant and the witnesses on facts personally
(c) Used or intended to be used as the means of committing an offense. known to them
produce are personally examined by the judge, in writing and under oath and
WHAT MAY BE THE SUBJECT OF A SEARCH WARRANT?
affirmation
1. Subject of the offense; 4. (Based on what?) The applicant and the witnesses testify on facts personally
2. Stolen or embezzled and other proceeds, or fruits of the offense; or known to them
3. Used or intended to be used as the means of committing an offense. 5. The probable cause must be in connection with the specific offense
6. The warrant specified describes the person and place to be searched and
issue except upon probable cause in connection with one > The evident purpose and intent of this requirement is to limit the things to be
specific offense to be determined personally by the judge after examination seized to those, and only those, particularly described in the search warrant—
under oath or affirmation of the complainant and the witness he may produce, and to leave officers of the law with no
particularly describing the place to be searched and the things to be seized which discretion regarding what articles they should seize, to the end that
may be anywhere in the Philippines. unreasonable searches and seizures may not be committed, that abuses may not
be committed.
1. There must be probable cause—facts and circumstances that would before issuing the warrant, personally examine in the form of
engender a well-founded belief in a reasonable prudent and discreet man that a searching questions and answers, in writing and under oath, the complainant
crime has been committed and the things and objects to be seized can be found in and the witnesses he may produce on facts personally
known to them and attach to the record their sworn statements, together with A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED
the affidavits submitted. WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE
WARRANT VALID?
WHEN IS THE AFFIDAVIT OR TESTIMONY OF THE WITNESS SAID TO BE > The warrant is valid
BASED ON PERSONAL KNOWLEDGE? > Although there are many ways of violating the Dangerous Drugs Act, it is not a
scatter shot warrant since it is in connection with only one penal law
> The test is whether perjury could be charged against the witness
POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR #1 OF AN
shall issue the warrant, which must be substantially in the form prescribed by
> No, anything not included in the warrant cannot be seized EXCEPT if its mala
these Rules.
prohibita, in which case, the seizure is justified under the plain view doctrine.
> Even if the object was related to the crime, but it is not mentioned in the warrant
> It is a warrant of arrest that is issued for more than one offense
> It is void for the law requires that a warrant of arrest should only be issued in
WARRANT. THEY FOUND A PISTOL ON THE TABLE, BUT THE PISTOL A FACTORY FOR ILLEGAL DRUGS. DURING THE RAID, 8
WASN’T INCLUDED IN THE SEARCH WARRANT. CAN THEY SEIZE THE CHINESEMEN WERE FOUND INSIDE WHO COULDN’T SPEAK
PISTOL? ENGLISH OR FILIPINO. THE CHINESE WERE LOCKED INSIDE A
SEIZED ILLEGALLY?
> No.
> Anything seized illegally must be returned to the owner unless it is mala > The two-witness rule can only apply when there is absence of the lawful
prohibita. In such a case, it should be kept in custodia legis. occupants of the premises searched.
> In this case, they locked the occupants in a room while doing the
Sec. 7. Right to break door or window to effect search. – The officer, if search and seizure and used 2 witnesses who weren’t the occupants of the
giving notice of his purpose and authority, may break open any outer or inner
door or window of a house or any part of a house or anything therein to execute the Sec. 9. Time of making search. – The warrant must direct that it be
warrant to liberate himself or any person lawfully aiding him when unlawfully detained served in the day time, unless the affidavit asserts that the property is on the
therein. person or in the place ordered to be searched, in which case a direction may be
or any member of his family or in the absence of the latter, two witnesses of sufficient > If possible, it should be executed during the daytime
age and discretion residing in the same locality. > But in certain cases, such as when the things seized are mobile or are in the
NOTE: The two witness rule only applies in the absence of the lawful
occupants of the premises searched Sec. 10. Validity of search warrant. – A search warrant shall be valid for ten
PROPERTY?
> It is valid for 10 days, after which the police officer should make a return to the
judge who issued it > The officer seizing the property under the warrant must give a
> If the police officer doesn’t make a return, the judge should summon him detailed receipt for the same to the lawful occupant of the premises in whose
and require him to explain why no return was made presence the search and seizure were made, or in the absence of such occupant,
> If the return was made, the judge should determine if the peace must, in the presence of at least two witnesses of sufficient age and discretion
officer issued the receipt to the occupant of the premises from which the things residing in the same locality, leave a receipt in the place in which he found the seized
> The judge shall also order the delivery to the court of the things seized.
RECEIPT?
IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION
OF THE 10-DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT > No since this would be tantamount to a violation of one’s right
AGAIN BEFORE IT EXPIRES? against self-incrimination. It is a confession without the assistance of
counsel.
> No, of the purpose for which it was issued has already been carried out,
> The exception is if the search wasn’t finished within 1 day, the IS THERE PERIL TO THE OWNER OF THE THINGS SEIZED IF HE IS MADE TO
warrant can still be used the next day, provided it is still within the 10-day SIGN THE BOOKING SHEET?
period
> There is no peril since he would just be made to acknowledge that a case
property under the warrant must give a detailed receipt for the same to the
lawful occupant of the premises in whose presence the search and seizure were THE ACCUSED WAS ARRESTED DURING A BUY-
made, or in the absence of such occupant, BUST OPERATION. PESO BILLS WERE SEIZED FROM HIM. CAN THE
must, in the presence of at least two witnesses of sufficient age and discretion ACCUSED BE MADE TO SIGN THE BILLS?
residing in the same locality, leave a receipt in the place in which he found the
> Yes, having the bills is not a crime.
seized property.
> This applies even if the bills involved is marked money.
Sec. 12. Delivery of property and inventory thereof to court; return and arrested may be searched for dangerous weapons or anything which may have
proceedings thereon. – been used or constitute proof in the commission of an offense without a search
warrant.
(a) The officer must forthwith deliver the property seized to the
judge who issued the warrant, together with a true inventory thereof duly
IN WHAT INSTANCES WOULD A SEARCH AND SEIZURE WITHOUT A
verified under oath.
WARRANT BE ALLOWED?
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall 1. A warrantless search incidental to a lawful arrest
ascertain if the return has been made, and if none, shall summon the person a. Arrest must be lawful
to whom the warrant was issued and require b. It must be contemporaneous with the arrest in both time and place
him to explain why no return was made. If the return has been made, the c. Within the vicinity of the person arrested, immediate control, which is the
judge shall ascertain whether section 11 of this Rule has evidence of the offense or weapon
been complied with and shall require that the property seized be 2. Search of evidence in plain view
delivered to him. The judge shall see to it that subsection (a) hereof has been 3. Search of a moving vehicle
b. Cant make a thorough search; just have to take a look; not to open trunks
(c) The return on the search warrant shall be filed and kept by the 4. Consented warrantless searches
custodian of the log book on search warrants who shall enter therein the date a. The right exists
of the return, the result, and other actions of the judge. b. Person making the consent knows that he has the right
c. In spite of the knowledge of the right, he voluntarily and intelligently gives his
5. Customs searches
> The officer must forthwith deliver the property seized to the judge 9. Republic Act requiring inspections or body checks in airports
who issued the warrant, together with a true inventory thereof duly verified 10. Emergency
1. Arrest in flagrante delicto > Only the person whose right may be violated can give the
2. Arrest effected in hot pursuit consent; it is a personal right that cannot be availed of by third parties. The
his immediate control 1. There must have been a prior valid intrusion based on the
> The search must be made after the arrest. The objective is to warrantless arrest in which the police are legally present in the pursuit of their
make sure that the life of the peace officer will not be endangered. It must be official duties
contemporaneous with the arrest in both time and place. 2. The evidence was inadvertently discovered by the police who had the right to be
court failed to resolve the motion and a criminal case is subsequently WHERE SHOULD ONE FILE THE NOTION TO QUASH WARRANT OR TO
filed in another court, the motion shall be resolved by the latter court. SUPPRESS EVIDENCE?
court
> NO, the permission didn’t include the room to room search and anything
> No, only the court that ordered its confiscation may release the object > No, the preliminary investigation is of different nature from deciding on
> The result of one will not affect the other. One deals on probable
IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY
cause on whether there are facts and circumstances that would engender a
SEIZED WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT
well-founded belief that a crime has been committed
ADMISSIBLE?
and the accused is probably guilty thereof. The other deals on whether the
> No, because it was done without assistance of counsel things and objects were seized legally or not.
remedies. If one is filed, the other can no longer be availed of. The court first taking
other. The proceedings thereon are subject to the omnibus motion rule and
unreasonable searches and seizures are fruits of the poisonous tree and are
inadmissible as evidence