Lopez, Frans Raff J.

1. Is is valid to apply to other judge outside the jurisdiction where the violation has
been committed? Explain your answer.

Yes because based on R.A 126 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.

2. Did the police officer allowed to enter a house or private places to effect a search
warrant? Why?

Yes but based on RA 126 there shall be made except in the presence of the lawful
occupant thereof or any member of his family or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (7a)

3. What will the law enforcers must do if the occupants of a place refuse to accept
them to effect the search warrant?

Based on RA 126 the officer, if refused admittance to the place of directed search
after 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
warrant or liberate himself or any person lawfully aiding him when unlawfully
detained therein.

4. Is it valid to conduct a body search to any person who were arrested for a
commission of violations? explain your answer.

Yes because according to RA 126 a person lawfully arrested may be searched

for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant.

5. What will happen to the search warrant if it is not served within 10 days. Was it
valid to serve after 10 days? why?

According to RA 126 Ten days after issuance of the search warrant, the
issuing judge shall ascertain if the return has been made, and if none, shall
summon the person to whom the warrant was issued and require him to
explain why no return was made. If the return has been made, the judge shall
ascertain whether section 11 of this Rule has been complained with and shall
require that the property seized be delivered to him. The judge shall see to it
that subsection (a) hereof has been complied with.