POINTERS IN LEGAL FORMS -uprobable cause in connection with one

I. Multiple Choice (20 Items) 2x = specific offense to be determined personally

40points by the judge after examination under oath
 Read RULE 126 affirmation of the complainant and the
witnesses presented. or
(SEARCH AND
SEIZURE) of the Ateneo All applications for Search Warrant shall be
Law Reviewer; approved for filing by the Chief of Office
 Also, from pages 24 to 50  ● Office applying for the Search Warrant;
of Chapter 3 of PNP ● Name of officer-applicant;
Anti-Drugs Manual ● Name of the subject, if known;
● Address/place(s) to be searched;
● Specific statement of things/articles to be
seized; and
II. ENUMERATION: (2 Points
● Sketch of the place to be searched.
Each x30=60points)
Warrantless search- search wout search
 (RULE 126 of Ateneo warrant
Law Reviewer and pages
24 to 50 of Chapter 3 of ● Seizure of evidence in plain view
PNP Anti-Drugs Manual) Any object in the plain view is
subject to seizure
Memorize the following:
1. 4 Elements of Search Warrant Searches Under Stop and Frisk Rule
2. 3 Kinds of Personal Property To Be - right to stop a citizen on the street,
Seized interrogate him.
3. 6 Requisites for Issuance of Search Emergency and Exigent Circumstances
Warrant -in cases of exigent and emergency situation
4. 3 Requisites of Plain View Doctrine Tipped info- reasonable grounds to
5. Give at least 4 Legal believe that the subjects are engaged in
Forms/Document To Be Complied illegal activities
in Buy Bust Case
6. Give at least 5 Legal Check point rule
Forms/Document To Be Complied -inspection of the vehicle should be limited
in Search Warrant Case to a visual search.
7. Give 5 Parts of Search Warrant
Application The seizure should comply with the
following requirements:
● A prior valid intrusion based on a valid
Search- examination of persons warrantless arrest,
body/property
Seizure- act of taking by legal process or ● The evidence was inadvertently
force, discovered
Search warrant
- valid for ten (10) days ● The evidence must be immediately
apparent.

● Plain view justified mere seizure of
evidence without further search.
4 legal forms to be complied in search
warrant
- return of search warrant
- deposition of witness
- application for search warrant
- Certification of search warrant
ART 129: Search Warrant Maliciously
Obtained and Abuse in the Service of
Those Legally Obtained
A public officer
Search warrant legally procured but exceeds
his authority or uses unnecessary severity in
executing the same  After the Buy-Bust.
ART 130 Searching Domicile without
Witnesses
 Buy-Bust Operation.
-All warrantless arrests, searches, and
seizures to be undertaken by PNP
members/Anti-Illegal Drugs Units shall be
in accordance with Section 5, Paragraphs (a)
and (b), Rule 113 and Section 13, Rule 126
of the Rules of Court, and relevant Supreme
Court Decisions. A
Prior to Buy-Bust.
1) The Team Leader shall see to it that prior
reports:
(a) Summary of Information on the target/s
(b) Special Reports
(c) Surveillance Report
(d) Contact Meeting Report
(e) Development Report
The Team composition and their functions
may include the following: (a) Team Leader
- responsible for his Team’s conduct of case
(b) Assistant Team Leader - assists the Team
Leader
(c) Poseur Buyer - buyer of illegal drugs
(d) Arresting Officer - apprehend the
suspect/s.
(e) Investigator-On-Case - i determines the
cause or motive of the
f) Seizing/Inventory Officer - confiscate and
inventory all evidences
g) Back up security - security of the raiding
team
(h) Recorder - records all events/incidents
b. Actual Buy-Bust.
1) The poseur-buyer must ensure that the
suspect delivers the illegal drugs or accepts
the marked or dusted money before giving
the prearranged signal for the arrest
After the conduct of BuyBust operation, the
following shall be strictly observed:
1) The Investigator-On-Case shall prepare
the Case Referral to the Prosecutor’s Office
for inquest proceedings for violation of
Section 5, Art II, RA 9165 and attach the
following:
(a) Copy of the Spot Report
(b) Copy of the Inventory of Property Seized
c) Copy of the Request for and Result of
Laboratory Examination
(d) Copy of the Request for
Search and seizure by virtue of warrant
implementation of Search Warrants: a.
Before the Application for a Search Warrant.
1) The Team Leader shall see to it that prior
data/information:
(a) Summary of Information
(b) Contact Meeting Report
(c) Surveillance/Casing Report
(d) Development Report
The following are the tasks of participating
Police Teams/ Individuals:
(a) Supervisor - Acts as Ground Commander
(b) Entry Team - To neutralize armed
elements inside the target area
(c) Search and Investigation Teams - to
seize, inventory, record, photograph-
document,
(d) Perimeter/Security Team - The team
secures the outer perimeter of the target area
(e) VIP/Media Handling Team – Ensures the
smooth handling of VIPs
(f) Processing/SOCO Team - undertakes the
collection, documentation and forensic
examination of collected physical evidence
In case of clandestine laboratory
The SOCO Team composition is as follows:
(1) Team Leader –maintains site control;
(k) Photographs of the evidence seized and
the suspect/s;
ENUMERATION:
KINDS OF PERSONAL PROPERTY TO
BE SEIZED:
1. Subject of the offense;
2. Proceeds or fruits of the offense;
3. The means used or intended to be used
for committing an offense
SEARCH WARRANTS HAVE BEEN
ALLOWED TO SEARCH FOR THE FF:
1. Stolen goods
2. Smuggled into the country in
violation of the revenue laws
3. Implements of gaming and
counterfeiting
4. Lottery tickets
5. Prohibited liquors
REQUISITES FOR PLAIN VIEW
DOCTRINE
1. valid intrusion
2. item must be visible – seen without
any further search;
3. inadvertent discovery
ELEMENTS OF A SEARCH
WARRANT
1. order in writing
2. signed by judge in the name of the
People of the Philippines.
3. commanding a peace officer to search
for personal property
4. to bring the property before the court
6 REQUISITES FOR ISSUING A
SEARCH WARRANT
1. there must be probable cause
2. determined personally by the judge
3. upon personal examination in writing
and under oath of the complainant
and his witnesses in the form of
probing and searching questions and
answers on facts personally known to
them
4. the probable cause must be in
connection with one specific offense
5. particularly describing the place to
be searched and the items to be
seized
6. the sworn statements together with
the affidavits of the witnesses must
be attached to the record.
REQUISITES OF PERSONAL
EXAMINATION BY THE JUDGE
1. examine the witnesses personally
2 under oath
3. Examination must be reduced to writing
in the form of probing and searching
questions
LEGAL FORMS AND BUY BUST
FORM (5)
1. pre operation form
2. coordination clearance
3. receipt invemtory property seized
4. chain of custody form
5. pre-operation report
6. affidavit of poseur buyer
7. affidavit of arresting officer
5 PARTS OF SEARCH WARRANT
APPLICATION
1. Heading (RTC)
2. Caption on Application of Search
 3. Particular facts related to the
application
4. Subject of the search, things and place
to be searched
5. Signature of the applicant

SEARCH WARRANT forms (5)

1) A-1  Deposition of Witnesses

2) A-2  Application for a Search Warrant
3) A-3  Pre-Operation Clearance
4) A-4  Coordination Form
5) A-5  Pre-Operation Report
6) A-6  Request for Augmentation (SOCO)
7) A-7  Receipt/Inventory for Property
Seized
8) A-8  Verification
9) A-9  Suspect’s Personal Property
Receipt Form
10) A-10  Chain of Custody Form
etc..

10 items quiz

1. Search warrant
2. General warrant- general manner
search and seizure
3. Search- examination of mans
house…
4. Seizure- physical taking of a thing
5. 10 days- SW validity
6. Probable cause- facts and
circumstances antecedent
7. Custodial invest- not req. of PVD
8. Scatter shot warrant- not personal
property, warrant that is issued for
more than one offense
9. General warrant- pp be seized except