RULE 125 – PROCEDURE IN THE inviolable, and no search warrant or warrant of

SUPREME COURT arrest shall issue except upon probable cause to

be determined personally by the judge after
Section 1. Uniform procedure. — Unless
examination under oath or affirmation of the
otherwise provided by the Constitution
complainant and the witnesses he may
or by law, the procedure in the Supreme
produce, and particularly describing the place
Court in original and in appealed cases
to be searched and the persons or things to be
shall be the same as in the Court of
searched”.
Appeals. (1a)
SECTION 3, PAR. 2, ARTICLE III: “Any
evidence obtained in violation of this or the
Section 2. Review of decisions of the preceding section shall be inadmissible for any
Court of Appeals. — The procedure for purpose in any proceeding”.
the review by the Supreme Court of
decisions in criminal cases rendered by
the Court of Appeals shall be the same as Section 1. SEARCH WARRANT
in civil cases. (2a) DEFINED. — A search warrant is an
order in writing issued in the name of
***When the appeal is from the decision of CA,
the People of the Philippines, signed by a
the appeal is generally made by filing a petition
judge and directed to a peace officer,
for review on certiorari under Rule 45, as the
commanding him to search for personal
procedure in the SC in criminal cases rendered
property described therein and bring it
by CA shall be the same as in civil cases;
before the court.
-RECLUSION/LIFE
***it is not a criminal action nor does it
IMPRISONMENT/LESSER PENALTY – filing
represent a commencement of a criminal
a NOTICE OF APPEAL;
prosecution;
-OTHER THAN DEATH, PERPETUA, OR LIFE
***It is not a proceeding against a person but is
IMPRISONMENT – PETITION FOR REVIEW
solely for the discovery and to get
ON CERTIORARI;
possession of personal property;
Section 3. Decision if opinion is equally
***Exclusively vested with the trial judges in
divided. — When the Supreme Court en
the exercise of their judicial functions;
banc is equally divided in opinion or the
necessary majority cannot be had on ARREST SEARCH AND
whether to acquit the appellant, the case SEIZURE
shall again be deliberated upon and if no Seizure of a person; Covers a wider
decision is reached after re-deliberation, spectrum of matters
the judgment of conviction of the lower on the search of both
court shall be reversed and the accused persons and places
acquitted. (3a) and seizure of things;
Judge is not required Judge must, before
RULE 126 – SEARCH AND SEIZURE to make a personal issuing the search
examination before warrant, personally
CONSTITUTIONAL PROVISION issuing a warrant of examine the
SEC.2, ARTICLE III which provides: “The arrest; complainant and the
right of the people to be secure in their persons, witnesses he may
produce in
houses, papers and effects against
determining
unreasonable searches and seizures of probable cause;
whatever nature and for any purpose shall be May be made on any Generally served in
 day and at any time the day time;
of the day or night;
SECTION 2. COURT WHERE
APPLICATION FOR SEARCH WARRANT
SHALL BE FILED. — An application for
search warrant shall be filed with the
following:
a) Any court within whose territorial
jurisdiction a crime was committed.
b) For compelling reasons stated in the
application, 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.
However, if the criminal action has
already been filed, the application shall
only be made in the court where the
criminal action is pending. (n)
***In cases involving heinous crimes, illegal
gambling, dangerous drugs and illegal
possession of firearms, the ff are authorized to
act on all applications for search warrants:
 Executive Judge and Vice Executive
Judges of RTC of QC and Manila filed by
the PNP, NBI, Presidnetial Anti-
Aorganized Task Force, and Reaction
Against Crime Task Force;
o Shall be personally endorsed by
the Heads of said agencies;
SECTION 3. PERSONAL PROPERTY TO
BE SEIZED. — A search warrant may be
issued for the search and seizure of
personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other
proceeds, or fruits of the offense; or
(c) Used or intended to be used as the
means of committing an offense. (2a)
GR: Only personal properties described in the
search warrant may be seized by the
authorities.
***the purpose of which is to leave the
officers of the law with no discretion regarding
what articles they should seize.
SECTION 4. REQUISITES FOR ISSUING
SEARCH WARRANT. — A search
warrant shall not issue except upon
probable cause in connection with one
specific offense to be determined
personally by the judge after
examination under oath or affirmation
of the complainant and the witnesses he
may produce, and particularly
describing the place to be searched and
the things to be seized which may be
anywhere in the Philippines. (3a)
REQUISITES FOR ISSUANCE OF A
SEARCH WARRANT:
1. There must be probable cause in
connection with one specific offense;
2. The presence of probable cause is to be
determined by the judge personally;
3. The determination by the judge must be
made after an examination under oath
or affirmation of the complainant and
the witnesses he may produce;
4. The warrant must specifically describe
the place to be searched and the things
to be seized which may be anywhere in
the Philippines.
***Probable Cause do not import
absolute certainty, the only requirement
is less than certainty of proof, but more
than suspicion or possibility.
***Probable cause to arrest and probable
cause to search
A probable cause to arrest does not
necessarily involve a probable cause to search
and vice versa. Probable cause to arrest
involves a different determination from
probable cause to search. In order to
determine probable cause to arrest, the
judge (not the prosecutor) must have
sufficient facts in his hands that would
tend to show that a crime has been
committed and that a particular person
committed it. Probable cause to search
requires facts to show that particular things
connected with a crime are found in a specific
location.
SECTION 5. EXAMINATION OF
COMPLAINANT; RECORD. — The judge
must, before issuing the warrant,
personally examine in the form of
searching questions and answers, in
writing and under oath, the complainant
and the witnesses he may produce on
facts personally known to them and
attach to the record their sworn
statements, together with the affidavits
submitted. (4a)
HOW EXAMINATION OF
COMPLAINANT AND WITNESSES IS
CONDUCTED BY THE JUDGE:
1. Must be personally conducted by the
judge;
2. Must be in the form of searching
questions and answers;
3. Complainant and witnesses shall be
examined on those facts personally
known to them;
4. Statements must be in writing and
under oath; and
5. Sworn statements of the complainant
and witnesses, together with the
affidavits shall be attached to the record.
SECTION 6. ISSUANCE AND FORM OF
SEARCH WARRANT. — If the judge is
satisfied of the existence of facts upon
which the application is based or that
there is probable cause to believe that
they exist, he shall issue the warrant,
which must be substantially in the form
prescribed by these Rules. (5a)
***JOHN DOE WARRANT - a warrant that
does not name the person subject of the
warrant;
*** While the rule requires it necessary to
express the name or give some description of a
party subject of a warrant, the principle does
not prevent the issue and service of a warrant
against a party whose name is unknown. In
such a case, the best possible description of the
person is to be given in the warrant; but it must
be sufficient to indicate clearly on whom it is to
be served, by stating his occupation, his
personal appearance and peculiarities, the
place of his residence or other circumstances
by which he can be identified. The description
must be sufficient to indicate clearly the proper
person upon whom the warrant is to be served.
***GENERAL WARRANTS – things to be
seized were not describes and specified;
however, The law does not require that the
things to be seized must be described in precise
and minute details as to leave no room for
doubt on the part of the searching authorities;
otherwise it would be virtually impossible for
the applicants to obtain a search warrant as
they would not know exactly what kind of
things they are looking for. Once described,
however, the articles subject of the search and
seizure need not be so invariant as to require
absolute concordance, in our view, between
those seized and those described in the
warrant. Substantial similarity of those articles
described as a class or specie would suffice.
***Ownership of property seized not required;
SECTION 7. RIGHT TO BREAK DOOR
OR WINDOW TO EFFECT SEARCH. —
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. (6)
*** The officer may break open any outer or
inner door or window of a house or any part of
a house or anything therein provided the
following requisites are complied with:
(a) The officer gives notice of his purpose and
authority;
(b) He is refused admittance to the place of
directed search despite the notice; and
(c) The purpose of breaking is to execute the
warrant or to liberate himself or any person
lawfully aiding him when unlawfully detained
therein
SECTION 8. SEARCH OF HOUSE,
ROOM, OR PREMISE TO BE MADE IN
PRESENCE OF TWO WITNESSES. — No
search of a house, room, or any other
premise 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)
SECTION 9. TIME OF MAKING
SEARCH. — The warrant must direct
that it be served in the day time, unless
the affidavit asserts that the property is
on the person or in the place ordered to
be searched, in which case a direction
may be inserted that it be served at any
time of the day or night. (8)
***If the search warrant is night time, it
should be indicated in the warrant; or if
not, the officer must secure an order
from the court that such warrant must
be executed at night time;
SECTION 10. VALIDITY OF SEARCH
WARRANT. — A search warrant shall be
valid for ten (10) days from its date.
Thereafter it shall be void. (9a)
SECTION 11. RECEIPT FOR THE
PROPERTY SEIZED. — The officer
seizing 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 made, or in the absence of such
occupant, must, in the presence of at
least two witnesses of sufficient age and
discretion residing in the same locality,
leave a receipt in the place in which he
found the seized property. (10a)
SECTION 12. DELIVERY OF PROPERTY
AND INVENTORY THEREOF TO
COURT; RETURN AND PROCEEDINGS
THEREON. — (a) The officer must
forthwith deliver the property seized to
the judge who issued the warrant,
together with a true inventory thereof
duly verified under oath.
(b) Ten (10) 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.
(c) The return on the search warrant
shall be filed and kept by the custodian
of the log book on search warrants who
shall enter therein the date of the
return, the result, and other actions of
the judge.
A violation of this section shall
constitute contempt of court.(11a)
SECTION 13. SEARCH INCIDENT TO
LAWFUL ARREST. — 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. (12a)
*** Any objection concerning the issuance or
service of a warrant or a procedure in the
acquisition by the court of jurisdiction over the
person of the accused must be made before he
enters his plea, otherwise, the objection is
deemed waived
There are well- recognized instances
where searches and seizures are allowed
even without a valid warrant under any
of the following circumstances
(a) Warrantless search incidental to a
lawful arrest;
(b) Seizure of evidence in "plain view."
(c) Search of a moving vehicle
(d) Consented warrantless search;
(e) Customs search;
(f) Stop and frisk or Terry searches
(g) Exigent and emergency
circumstances
(h) Search of vessels and aircraft; [and]
(i) Inspection of buildings and other
premises for the enforcement of fire,
sanitary and building regulations
*** Recent Court pronouncements hold that in
searches incident to a lawful arrest, the arrest
must precede the search; generally, the process
cannot be reversed; search substantially
contemporaneous with an arrest can precede
the arrest if the police have probable cause to
make the arrest at the outset of the search.
Sec. 13 of Rule 126 specifically enumerates the
allowable scope of a search incident to a lawful
arrest. The provision limits the search to the
following:
(a) For dangerous weapons;
(b) For anything which may have been used in
the commission of an offense; or
(c) For anything which constitute proof in the
commission of an offense
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. (n)
*** A motion to quash a search warrant and/or
to suppress evidence obtained by virtue of the
warrant may be filed and acted upon only by
the court where the action has been instituted.
RULE 127 - PROVISIONAL REMEDIES
IN CRIMINAL CASES
SECTION 1. AVAILABILITY OF
PROVISIONAL REMEDIES. — The
provisional remedies in civil actions,
insofar as they are applicable, may be
availed of in connection with the civil
action deemed instituted with the
criminal action. (1a)
SECTION 2. ATTACHMENT. — When the
civil action is properly instituted in the
criminal action as provided in Rule 111,
the offended party may have the
property of the accused attached as
security for the satisfaction of any
judgment that may be recovered from
the accused in the following cases:
(a) When the accused is about to
abscond from the Philippines;
(b) When the criminal action is based on
a claim for money or property
embezzled or fraudulently misapplied or
converted to the use of the accused who
is a public officer, officer of a
corporation, attorney, factor, broker,
agent, or clerk, in the course of his
employment as such, or by any other
person in a fiduciary capacity, or for a
willful violation of duty;
(c) When the accused has concealed,
removed, or disposed of his property, or
is about to do so; and
a) When the accused resides outside the
Philippines.