RULE 113 SEC. 5. ARREST WITHOUT WARRANT; RULE 126 SEC 1.

SEARCH WARRANT
WHEN LAWFUL
General Rule: No peace officer or person has the power WARRANT OF ARREST SEARCH WARRANT
or authority anyone without a warrant except in those AS TO CONTENT
cases authorized by law. Order directed to the Order in writing issued in
peace officer to execute the name of the People of
Exceptions: the warrant by taking the the Philippines, signed by
person stated therein into a judge and directed to a
1. IN FLAGRANTE DE LICTO ARRESTS custody that he may be peace officer,
 When in his presence bound to answer for the commanding him to
 The person to be arrested commission of the search for personal
 Has committed offense, property described
 Is actually committing or is therein and bring it before
 Attempting to commit an offense the court.
AS TO PERIOD OF VALIDITY
Requisites: Does not become stale Valid for 10 days only
a. The person to be arrested must execute an AS TO TIME OF SERVICE
overt act indicating that he has just committed, May be served on any day To be served only in
is actually committing, or is attempting to and any time of the day or daytime unless the
commit an offense night affidavit alleges that the
b. Such overt act is done in his presence or property is on the person
within the view of the arresting officer or in the place to be
searched
2. DOCTRINE OF HOT PURSUIT AS TO NECCESITY OF SEARCHING
 When an offense has just been committed EXAMINATION OF THE JUDGE
 And he has probable cause to believe
Searching examination of Must be personally
 Based on personal knowledge
witnesses is not conducted as examination
 Of facts and circumstances
necessary of the complainant and
 That the person to be arrested has
the witnesses
committed it
AS MANNER OF EXAMINATION
Judge is merely called Examination must be
Requisites:
upon to examine and probing. Not enough to
a. Knowledge of the arresting officer based on
evaluate the report of the merely adopt the
personal evaluation of the circumstances at the
fiscal and the evidence questions and answers
scene of the crime
asked by a previous
b. The determination of probable cause and of
investigator
gathering of facts or circumstances should be
made immediately after the commission of the AS TO WHERE IT MAY BE ENFORCED
crime in order to comply with the element of Anywhere in the Only in the particular
immediacy Philippines where the place to be searched
accused might be indicated in the search
3. EVASION OF THE SERVICE OF SENTENCE warrant
 When the person to be arrested is a prisoner
who SEC 2. COURT WHERE APPLICATION FOR SEARCH
 Has escaped a penal establishment of place WARRANT BE FILED
where he is serving final judgement or
 Temporarily confined while his case is General Rule: An application for search warrant shall be
pending filed with any court within whose territorial
 Has escaped while being transferred from jurisdiction a crime was committed
one confinement to another
Exceptions:
4. WHERE A PERSON WHO HAS BEEN
LAWFULLY ARRESTED ESCAPES OR IS a. For compelling reasons stated in the
RESCUED application, any court within the judicial region
where the crime was committed if the place
5. BY THE BONDSMAN FOR THE PURPOSE OF of the commission of the crime is known
SURRENDERING THE ACCUSED b. Any court within the judicial region where the
warrant shall be enforced
6. WHERE THE ACCUSED ATTEMPTS TO LEAVE c. Application may be made with the Executive
THE COUNTRY WITHOUT PERMISSION OF Judges or Vice Executive Judges of the
THE COURT RTCs of Manila and Quezon City, who shall
have authority to act on applications filed by the
NBI, PNP, ACTAF, PDEA and the Bureau of
Customs in the ff. cases
a. Possession of illegal firearms and
ammunition
b. Heinous crimes
c. IP
d. AMLA
e. RA 9165
f. Illegal Gambling
g. Tariff and customs code
d. The cybercrime courts of Quezon, Manila,
Makati, Pasig, Cebu, Iloilo, Davao and Cagayan
 de Oro Cities shall have special authority to act 3. Malmsteldt – Search and seizure of private
on applications and issue cybercrime citizen
warrants for violations of Sec 4. Of RA 10175 4. Bagista – Tip, matched the description, IFD
which shall be enforceable nationwide and 5. Tangliben – checkpoint, red bag, urgency
outside of the Philippines. 6. Saycon – checkpoint, urgency

Inadmissible/invalid
SEC 4. REQUISITES FOR ISSUING SEARCH 1. Musa – not plain view
WARRANTS 2. Pita – no search warrant
3. Aniag – checkpoiny, not visual search, consent
Requisites of a search warrant: not freely given
4. Stonehill – general warrants, contesting
1. It must be upon probable cause warrants is purely personal (corpp, distinct and
2. Probable cause must be determined by the separate personality)
issuing judge personally
3. The judge must have personally examined, in Valmonte – constitutional right against unreasonable
form of searching questions and answers, in searches and seizure is a personal right invocable only by
writing, under oath, the applicant and his those whose rights have been infringed or threatened to
witnesses on facts personally known to them be infringed (lawyer questioning checkpoints in their
4. The warrant issued must particularly describe area, contending citizens are intimidated by it)
the placed to be searched or things to be seized
5. It must be in connection with one specific Pilipinas Shell – Warrant is not a criminal action, hence,
offense not jurisdictional. Rules on venue does not apply.
6. The sworn statements together with the
affidavits must be attached to the record Romy Lim – Chain of Custody
1. In the sworn statements/affidavits, the
Exceptions to search warrants: apprehending/seizing officers must state their
compliance with the requirements of Section 21 (1) of
1. Warrantless search incidental to a lawful arrest; R.A. No. 9165, as amended, and its IRR.
2. Search of evidence in “plain view.” 2. In case of non-observance of the provision, the
apprehending/seizing officers must state the justification
or explanation therefor as well as the steps they have
The elements of the plain view doctrine are:
taken in order to preserve the integrity and evidentiary
1. There must have been a prior valid intru
value of the seized/confiscated items.
sion based on the
3. If there is no justification or explanation
warrantless arrest in which the expressly declared in the sworn statements or affidavits,
police are legally present in the pursuit of their the investigating fiscal must not immediately file the case
official duties before the court. Instead, he or she must refer the case
2. The evidence was inadvertently discovered for further preliminary investigation in order to determine
by the police who had the right to be where they the (non) existence of probable cause.
are 4. If the investigating fiscal filed the case despite
3. The evidence must be immediately apparent such absence, the court may exercise its discretion to
4. There was no need for further search either refuse to issue a commitment order (or warrant of
arrest) or dismiss the case outright for lack of probable
cause in accordance with Section 5,40
3. Search of a moving vehicle; Rule 112, Rules of Court.
4. Consented warrantless search;
5. Customs search;
6. Stop and Frisk; and
7. Exigent and emergency circumstances.

Section 14. Motion to quash a search warrant or to

suppress evidence; where to file. —
 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 the search
warrant.
 However, if such court failed to resolve
the motion and a criminal case is
subsequent filed in another court, the
motion shall be resolved by the latter
court.

Cases:

Valid arrest/search
1. Claudio – with probable cause, emanating
marijuana scent, IFD
2. Lo Ho Wing – Deep penetration agent, search of
moving vehicle