Romel G Torres, MPA, LLB

PRELIMINARY CHAPTER
 WHAT IS CRIMINAL PROCEDURE?

Criminal procedure is the method or manner

prescribed by law for the apprehension and
prosecution of persons accused of any criminal
offense and for their punishment, in case of
conviction.

Criminal Law – Defines crimes, treats of their

nature and provides for their punishments.
Goal of Criminal Procedure

▪PROSECUTION – Prove that the accused

is GUILTY beyond reasonable doubt.

▪CONVICTION must be based on the

strength of the prosecution and not the
weakness of the defence.
 CRIME

FLOW OF CRIMINAL PROCEDURE

 WHAT IS JURISDICTION?
CRIMINAL JURISDICTION- The authority to hear and try a
particular offense and impose the punishment for it
[People v. Mariano, G.R. No. L-40527 (1976)]

A.1 JURISDICTION OVER SUBJECT MATTER

It is determined by the allegations in the complaint or

information

Conferred by law; can never be acquired solely by consent of

the accused
A.2. JURISDICTION OVER THE PERSON OF THE ACCUSED

Refers to the authority of the court over the person charged.

May be acquired by the apprehension of the accused, or by consent of the accused, or
by waiver of objections as when the accused enters his plea.

This is acquired either by:

(a) Arrest of the accused;
(b) Voluntary appearance or submission of the accused to the
jurisdiction of the court [Antiporda v. Garchitorena,

PRINCIPLE OF ADHERENCE OF JURISDICTION

General rule: Under the principle of adherence of jurisdiction or continuing jurisdiction,
once a court acquires jurisdiction over a controversy, it shall continue to exercise such
jurisdiction until the final determination of the case.
 JURISDICTION OF CRIMINAL COURTS

SUPREME COURT

SANDIGANBAYAN COURT OF COURT OF TAX

CONCON
APPEALS APPEALS

Regional Trial
Courts/FC

MTC/MeTC/MCTC/Shari’a Courts
 RULE 110
Prosecution of Offenses
A. CRIMINAL ACTIONS; HOW INSTITUTED

A.1. IN GENERAL The institution of a criminal action generally depends upon whether the
offense is one which requires a preliminary investigation or not.

A criminal action is commenced by the filing of a complaint or information. The

complaint may be filed either with the MTC, when allowed, or with a public prosecutor
for purposes of conducting a preliminary investigation. [Sec. 1, (Rule 110

A.2. OFFENSES REQUIRING PRELIMINARY INVESTIGATION Offenses which require

preliminary investigation are those where the penalty prescribed by law is at least 4
years, 2 months and 1 day [Sec. 1, Rule 112].

The criminal action is instituted by filing the complaint with the appropriate officer for
preliminary investigation [Sec. 1(a), Rule 110].
WHO MAY FILE COMPLAINT OR INFORMATION
For Non-Private Crimes Persons authorized to file a complaint [Sec.
3, Rule 110]:
(1)The offended party
(2)Any peace officer
(3)Other public officer charged with the enforcement of the law
violated

Persons authorized to file an information [Sec. 4, Rule 110]:

(1)City or provincial prosecutor and their assistants; and
(2)Duly appointed special prosecutors

Private Crimes [Sec. 5, Rule 110] Private crimes which may only
be prosecuted by a complaint filed by the private offended
party [Sec. 5, Rule 110]

[Adultery, Concubinage, abduction, Seduction, acts of lasciviousness an defamation]

 DEATH OF OFFENDED PARTY

Death after filing the complaint would not deprive the court of
jurisdiction.

The State shall initiate the action on behalf of the offended

party in case of his/her death/incapacity and he/she has no
known parents/grandparents/guardians.

In adultery/concubinage, death does not extinguish the criminal

liability of accused.

DESISTANCE BY OFFENDED PARTY

Desistance does not bar the People of the Philippines from
prosecuting the criminal action, but it operates as a waiver of
the right to pursue civil indemnity.
 SUFFICIENCY OF COMPLAINT OR INFORMATION

A COMPLAINT is a sworn written statement charging a person

with an offense, subscribed by the offended party, any peace
officer or other public officer charged with the enforcement of
the law violated [Sec 3, Rule 110].

An INFORMATION is an accusation in writing, charging a person

with an offense, subscribed by the prosecutor and filed with the
court [Sec. 4, Rule 110].
 TEST OF SUFFICIENCY
A complaint or information is sufficient if it states:
(1) The name of the accused;
(2) The designation of the offense given by the statute;
(3) The acts or omissions complained of as constituting the offense;
(4) The name of the offended party;
(5) The approximate date of the commission of the offense; and
(6) The place where the offense was committed [Sec. 6, Rule 110].

AMENDMENT OR SUBSTITUTION OF COMPLAINT OR

INFORMATION
KINDS OF AMENDMENT:
(1) Formal Amendment merely states with additional precision something which is
already contained in the original information, and which, therefore adds nothing
essential for conviction for the crime charged [Gabionza v. CA, G.R. No. 140311
(2001)]

2. Substantial amendment consists of the recital of facts constituting the offense

charged and determinative of the jurisdiction of the court. All other matters are
merely of form [Teehankee v. Madayag, G.R. No. 103102 (1992)]
 VENUE OF CRIMINAL ACTIONS
General rule: In all criminal prosecutions, the action must be
instituted and tried in the courts of the municipality or territory
where:
(1) The offense was committed; or
(2) Any of its essential ingredients occurred [Sec. 15(a), Rule 110]

This is the principle of territoriality. Venue in criminal cases is

jurisdictional. The court has no jurisdiction to try an offense
committed outside its territorial jurisdiction. It cannot be waived,
or changed by agreement of the parties, or by the consent of the
defendant.
 Preliminary Investigation
It is an inquiry or proceeding to determine whether there is
sufficient ground to engender a well-founded belief that a crime
has been committed and the respondent is probably guilty thereof,
and should be held for trial [Sec. 1, Rule 112].
Preliminary Investigation is “merely inquisitorial, and it is often the only means of
discovering the persons who may reasonably be charged with a crime, to enable the
prosecutor to prepare his complaint or information. It is not a trial of the case on the
merits” and does not place the persons against whom it is taken in jeopardy.
[Paderanga v. Drilon, G.R. No. 96080 (1991)]

RIGHT TO PRELIMINARY INVESTIGATION

The right to preliminary investigation is a statutory right in those instances where it is
required, and to withhold it would violate the constitutional right to due process [People
v. Oandasa, G.R. No. L-29532 (1968)].
 PURPOSES OF PRELIMINARY INVESTIGATION

• To determine whether or not a crime has been committed and whether or not
there is probable cause to believe that the accused is guilty [Raro v.
Sandiganbayan, G.R. No. 108431 (2000)];

• To secure the innocent against hasty, malicious and oppressive prosecution,

and to protect him from an open and public accusation of a crime, from the
trouble, expense, anxiety of a public trial, and also protect the state from
useless and expensive trials [Tandoc v. Resultan, G.R. No. 59241-44 (1989)].
 WHO MAY CONDUCT DETERMINATION OF EXISTENCE OF
PROBABLE CAUSE

Probable cause means the existence of such facts and

circumstances as would excite the belief, in a reasonable mind,
acting on the facts within the knowledge of the prosecutor, that
the person charged was guilty of the crime for which he was
prosecuted.

In general, the following may conduct the determination of

existence of probable cause:
(1)Provincial/city prosecutors and their assistants;
(2)National and regional state prosecutors;
(3)Other officers as may be authorized by law [Sec. 2, Rule 112,
as amended by AM 05-826-SC].
 WHEN WARRANT OF ARREST MAY ISSUE
If the judge finds probable cause, he shall issue a warrant of arrest, or a
commitment order if the accused has already been arrested, and hold
him for trial.

The PI conducted by the prosecutor is executive in nature. It is for the

purpose of determining whether or not there exists sufficient ground for
the filing of information.

The PI conducted by the judge which is properly called preliminary

examination is for the determination of probable cause for the issuance
of warrant of arrest [P/Supt. Cruz v. Judge Areola, AM No. RTJ-01-1642
(2002)].

CASES NOT REQUIRING PRELIMINARY INVESTIGATION NOR COVERED BY THE RULE

ON SUMMARY PROCEDURE

These are cases punishable by imprisonment of less than 4 years, 2 months and 1
day, and filed with the prosecutor or MTC/MCTC.
 INQUEST
An inquest is an informal and summary investigation conducted by a public
prosecutor in criminal cases involving persons arrested and detained without
the benefit of a warrant of arrest issued by the court for the purpose of
determining whether or not said persons should remain under custody and
correspondingly be charged in court [DOJ-NPS Manual].

Arrest
Arrest is the taking of a person into custody in order that he may
be bound to answer for the commission of an offense [Sec. 1,
Rule 113].
HOW MADE

(1) By actual restraint of a person to be arrested; (2) By his

submission to the custody of the person making the arrest [Sec.
2, 1st par., Rule 113].
 ARREST WITHOUT WARRANT, WHEN LAWFUL

General rule: No peace officer or person has the power or authority

to arrest anyone without a warrant except in those cases expressly
authorized by law [Umil v. Ramos, G.R. No. 81567 (1991)].

Exceptions:
(1) In flagrante delicto [Sec. 5(a), Rule 113];
(2) Hot pursuit arrest [Sec. 5(b), Rule 113];
(3) Arrest of escaped prisoner [Sec. 5(c), Rule 113];
(4) Other lawful warrantless arrests:
a) Where a person who has been lawfully arrested escapes or is rescued [Sec.
13, Rule 113]; any person may immediately pursue or retake him without a warrant at
any time and in any place within the Philippines;
(b) By the bondsman, for the purpose of surrendering the accused [Sec. 23,
Rule 114];
c) Where the accused who is released on bail attempts to leave the country
without permission of the court where the case is pending [Sec. 23, Rule 114].
 IN FLAGRANTE DELICTO
A peace officer or a private person may, without warrant,
arrest a person when the person to be arrested:
(1)Has committed;
(2)Is actually committing; or
(3)Is about to commit an offense in the presence of the peace
officer or private person who arrested him [Sec. 5(a), Rule
113].

An arrest made after an ENTRAPMENT does not require a

warrant inasmuch as it is considered a valid warrantless arrest
pursuant to Sec. 5(a), Rule 113 [Teodosio v. CA, G.R. No.
124346 (2004)]. This is different from INSTIGATION, which
means luring the accused into a crime that he, otherwise, had
no intention to commit, in order to prosecute him, and leads to
acquittal [People v. Dansico, G.R. No. 178060 (2011)].
 REQUISITES OF A VALID WARRANT OF ARREST

ESSENTIAL REQUISITES The warrant must:

(1)Be issued upon probable cause determined personally by the
judge after examination under oath or affirmation of the
complainant and the witnesses he may produce; and
(2)Particularly describe the person to be arrested [Sec. 2, Art. III,
Constitution
 Bail
DEFINITION
is the security given for the release of a person in custody of the law,
furnished by him or a bondsman, to guarantee his appearance
before any court as required under conditions hereinafter specified
[Sec. 1, Rule 114].
PURPOSE
(1) To relieve an accused from imprisonment until his conviction and yet secure his
appearance at the trial [People v. Hon. Donato, G.R. No. 79269 (2011)];
(2) To honor the presumption of innocence until his guilt is proven beyond
reasonable doubt [Sec. 14, Art. III, Constitution]; and
(3) To enable him to prepare his defense without being subject to punishment
prior to conviction [Cortes v. Judge Catral, AM No. RTJ-97-1387 (1997)].
 WHEN A MATTER OF RIGHT; EXCEPTIONS

Bail is a matter of right:

(1) Before or after conviction, but pending appeal, by the MTC;
(2) Before conviction by RTC of an offense not punishable by death, reclusion
perpetua, or life imprisonment. [Sec. 4, Rule 114].

GENERAL RULE: Bail is a matter of right.

Exception: When the offense involved is a capital offense, admission to bail is

discretionary, and may only be denied when evidence of guilt is strong.

Exception to the exception: When the accused is a minor, he is entitled to bail

regardless of whether the evidence of guilt is strong.
 WHEN A MATTER OF DISCRETION
(1)Before conviction, in offenses punishable by death,
reclusion perpetua or life imprisonment and evidence of
guilt is not strong;
(2)Upon conviction by the RTC, which has not become final as
the accused still has the right to appeal, of an offense not
punishable by death, reclusion perpetua or life
imprisonment
 WHEN BAIL NOT REQUIRED
Bail is not required:
(1) When a person has been in custody for a period equal to or more
than the possible maximum imprisonment of the offense charged to
which he may be sentenced;
(2) If the maximum penalty is destierro, he shall be released after 30
days of preventive imprisonment [Sec. 16, Rule 114];
(3) In cases filed with the MTC/MCTC for an offense punishable by an
imprisonment of less than 4 yrs, 2 mos. and 1 day, and the judge is
satisfied that there is no necessity for placing the accused under
custody [Sec. 8, Rule 112];
(4) In cases where a person is charged with violation of a municipal/city
ordinance, a light felony and/or criminal offense, the penalty of which
is not higher than 6 months imprisonment and/or a fine of 2000, or
both, where it is established that he is unable to post the required
cash or bail bond [Sec. 1, RA 6036].
 RIGHTS OF THE ACCUSED
A. RIGHT TO BE PRESUMED INNOCENT UNTIL THE CONTRARY IS PROVED
BEYOND REASONABLE DOUBT
B. RIGHT TO BE INFORMED OF THE NATURE AND CAUSE OF THE ACCUSATION
AGAINST HIM
C. RIGHT TO BE PRESENT AND DEFEND IN PERSON AND BY COUNSEL AT EVERY STATE
OF THE PROCEEDINGS.
General rule: Presence of the accused during the criminal action is not required and
shall be based on his sole discretion.

Exceptions: Presence of the accused is mandatory:

(1) For purposes of identification;
(2) At arraignment; [Sec. 1(b), Rule 116];
(3) At the promulgation of judgment except when the conviction is for a light offense.
[Sec. 6, Rule 120]

D. RIGHT TO TESTIFY AS WITNESS IN HIS BEHALF

E. RIGHT AGAINST SELF-INCRIMINATION

F. RIGHT TO CONFRONTATION
To enable the court to judge the truthfulness, deportment, and the appearance of the
witness while testifying (US v, Javier, 37 Phil 449).
G. RIGHT TO COMPULSORY PROCESS
“Compulsory process” refers to the issuance of the court of:
Sub-poena – for the attendance of witnesses
Sub-poena duces tecum – for the production of documents

This right may be invoked by the accused to secure the attendance of witnesses and
the production of evidence in his behalf.
H. RIGHT TO SPEEDY, IMPARTIAL AND PUBLIC TRIAL

I. RIGHT TO APPEAL

In all criminal prosecutions, the accused shall have the right to appeal in the manner
prescribed by law [Hilario v. People, G.R. No. 161070 (2008)].
 RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATIONS

Custodial investigation involves any questioning initiated by law enforcement

officers after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way [Aquino v. Paiste, G.R. No. 147782
(2008)].
A persons under custodial investigation has the following rights [Sec. 2, RA 7438]

(1) To be assisted by counsel at all times;

(2) To remain silent;
(3) To be informed, in a language known to and understood by him, of his rights to remain
silent and to have competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested, detained or
under custodial investigation;
(4) To be furnished a custodial investigation report in writing, and if the person arrested does
not know how to read and write, it shall be read to him by counsel before it is signed or
thumb marked, otherwise, such report is void;
(5) To have counsel present for any extrajudicial confession made, otherwise such confession
shall be void;
(6) To be allowed visits by and conferences with specified persons.
 ARRAIGNMENT AND PLEA
ARRAIGNMENT AND PLEA; HOW MADE

This is the stage where the accused is formally

informed of the charge against him by reading before
him the information/complaint and asking him
whether he pleads guilty or not guilty [Sec. 1(a), Rule
116

PLEA Pertains to the matter which the accused, on his

arraignment, alleges in answer to the charge against
him
 DUTY OF THE COURT BEFORE ARRAIGNMENT
The court shall:
(1) Inform the accused of his right to counsel;
(2) Ask him if he desires to have one; and
(3) Must assign a counsel de oficio to defend him, unless the accused:
(a) Is allowed to defend himself in person; or
(b) Has employed a counsel of his choice [Sec. 6, Rule 116].

Before arraignment and plea, the accused may avail of any of the following:
(1) Bill of particulars to enable him to properly plead and prepare for trial;
(2) Suspension of arraignment; upon motion, he may ask for suspension of
arraignment to pursue a petition for review before the DOJ Secretary under Sec. 11,
Rule 116, for a period of suspension shall not exceed 60 days from filing of petition
with the reviewing office;
(3) Motion to quash the complaint or information on any of the grounds under Sec. 3,
Rule 117 in relation to Sec. 1, Rule 117;
(4) Challenge the validity of the arrest or legality of the warrant or assail the regularity or
question the absence of preliminary investigation of the charge.
 PRE-TRIAL
NATURE AND OBJECTIVE OF PRE-TRIAL

Pre-trial is mandatory in all criminal cases. Its main objective is to achieve an

expeditious resolution of the case.

Coverage The court shall order pre-trial in all criminal cases cognizable by the
Sandiganbayan, RTC and MTC or MTCC or MCTC or MeTC.

Period
General rule: The court shall order a pretrial conference after arraignment
and within 30 days from the time the court acquires jurisdiction over the
person of the accused.

Exception: A shorter period may be provided by special laws or SC circulars

 THINGS CONSIDERED

(1) Plea bargaining;

(2) Stipulation of facts;
(3) Marking for identification of evidence;
(4) Waiver of objections to admissibility of evidence;
(5) Modification of the order of trial if accused admits the charge
but interposes a lawful defence (reverse trial);
(6) Other matters that will promote a fair and expeditious trial of
the civil and criminal aspects of the case [Sec. 1, Rule 118].
 TRIAL
A. PRESENCE OF PERSONS AS REQUIRED BY LAW

A. ACCUSED General rule: The presence of the accused during the trial may be waived.

Exception: For purposes of identification.

Exception to the exception: The presence of the accused is no longer required when he
unqualifiedly admits in open court after arraignment that he is the person named as
defendant in the case on trial [Lavides v. CA, G.R. No. 129670 (2000)].

Note: The presence of the accused is also required in the following cases: (1) At
arraignment; [Sec. 1(b), Rule 116] (2) At the promulgation of judgment, unless the
conviction is for a light offense [Sec. 6, Rule 120].

B. WITNESSES Requisites before trial can be suspended on account of absence of witness

(1) The witness must be either absent or unavailable; (2) The absent or unavailable
witness must be essential [Riano (2011)].
“ABSENT” means that his whereabouts are unknown or cannot be
determined by due diligence. [Sec. 3(b), Rule 119]

“UNAVAILABLE” means that his whereabouts are known but

presence for trial cannot be obtained by due diligence. [Sec. 3(b),
Rule 19]

“ESSENTIAL” means indispensable, necessary, or important in the

highest degree [Black’s Law Dictionary].
 TRIAL IN ABSENTIA
Requisites:
(1) Accused has been arraigned;
(2) He was duly notified of trial;
(3) His failure to appear is unjustified.

Rationale: This is to speed up disposition of cases.

DEMURRER TO EVIDENCE
A demurrer to evidence is defined as “ It is a motion to dismiss the case filed by
the defense after the prosecution rests on the ground of insufficiency of the
evidence of the prosecution[Pasag v. Parocha, G.R. No. 155483 (2007), citing Black’s
Law Dictionary].

General rule: An order granting the accused’s demurrer to evidence amounts to an

acquittal.
Exception: When there is a finding that there was grave abuse of discretion on the
part of the trial court in dismissing a criminal case by granting the accused’s
demurrer to evidence [Hon. Mupas v. People, G.R. No. 189365 (2011)].
 JUDGEMENT
A judgment is the adjudication by the court that the accused is
guilty or not guilty of the offense charged and the imposition on
him of the proper penalty and civil liability, if any [Sec. 1, Rule
120]

FORM:
(1) Written in official language. If given verbally, it is incomplete [People v.
Catolico, G.R. No. L-31260 (1972)];
(2) Personally and directly prepared by the judge;
(3) Signed by the judge. The judge who presided over the entire trial would be in
a better position to ascertain the truth or falsity of the testimonies. But the
judge who only took over can render a valid decision by relying on the
transcript. It does not violate due process [People v. Badon, G.R. No. 126143
(1999)];
(4) Contains clearly and distinctly a statement of facts proved and the law upon
which judgment is based [Sec. 1, Rule 120].
 CONTENTS OF JUDGMENT CONVICTION
The judgment of conviction shall state:

(1)The legal qualification of the offense constituted by the acts

committed by the accused and the aggravating/mitigating
circumstances which attended its commission;
(2)The participation of the accused in the offense, whether as
principal, accomplice or accessory after the fact;
(3) The penalty imposed upon the accused;
(4) The penalty should not be imposed in the alternative. There
should be no doubt as to the offense committed and the penalty
for it;
(5) The civil liability or damages caused by his wrongful
act/omission to be recovered from the accused by the offended
party, if there is any, unless the enforcement of the civil liability by
a separate civil action has been reserved/waived [Sec. 2, Rule
120].
 ACQUITTAL
The judgment of conviction shall state whether:
(1)The evidence of the prosecution absolutely failed to prove the
guilt of the accused; or
(2)Merely failed to prove his guilt beyond reasonable doubt.
 STATE LIABILITY FOR UNJUST CONVICTION
The DOJ Board of Claims is authorized to receive/evaluate/process/investigate
claims of victims of unjust imprisonment/detention and victims of violent crimes
[RA 7309].

The following may file claims for compensation before the Board:
(1) Any person who was unjustly accused, convicted and imprisoned but
subsequently released by virtue of a judgment of acquittal;
(2) Any person who was unjustly detained and released without being charged;
(3) Any victim of arbitrary or illegal detention by the authorities as defined in the
RPC under a final judgment of the court; and
(4) Any person who is a victim of violent crimes, including rape and shall likewise
refer to offenses committed with malice which resulted in death or serious
physical and/or psychological injuries, permanent incapacity or disability,
insanity, abortion, serious trauma, or committed with torture, cruelly or
barbarity [Sec. 3, RA 7309].
When to File Claims. – Any person entitled to compensation under this Act must,
within six (6) months after being released from imprisonment or detention, or
from the date the victim suffered damage or injury, file his claim with the
Department, otherwise, he is deemed to have waived the same. Except as
provided for in this Act, no waiver of claim whatsoever is valid. (Section 5, RA
7309)

Filing of Claims by Heirs. – In case of death or incapacity of any person entitled to

any award under this Act, the claim may be filed by his heirs, in the following
order: by his surviving spouse, children, natural parents, brother and/or sister.
(Section 6, RA 7309)

Award Ceiling. – For victims of unjust imprisonment or detention, the

compensation shall be based on the number of months of imprisonment or
detention and every fraction thereof shall be considered one month; Provided,
however, That in no case shall such compensation exceed One Thousand pesos
(P1,000.00) per month.

In all other cases, the maximum amount for which the Board may approve a claim shall not exceed Ten thousand
pesos (P10,000.00) or the amount necessary to reimburse the claimant the expenses incurred for hospitalization,
medical treatment, loss of wage, loss of support or other expenses directly related to injury, whichever is lower. This is
without prejudice to the right of the claimant to seek other remedies under existing laws. (Section 4, RA 7309)
 FINALITY

When does judgment become final (1) After the lapse of the
period for perfecting an appeal; (2) When the sentence has been
partially/totally satisfied or served; (3) The accused has
expressly waived in writing his right to appeal; (4) When the
accused applies for probation, and thereby waives right to
appeal. [Sec. 7, Rule 120]

Judgment also becomes final when judgment is an acquittal

[People v. Sandiganbayan, G.R. No. 164577 (2010)].
 APPEAL
An appeal in a criminal proceeding is a proceeding undertaken to
have a decision reconsidered by bringing it to a higher court
authority.

WHERE TO APPEAL

MTC/MeTC/MCTC - RTC
RTC (if it involves questions of fact and of law) - CA
RTC - SC
- a. Involves only questions of law
- b Involves constitutionality or validity of any treaty, law, ordinance, EO,
regulation or jurisdiction of the inferior court
- c In criminal cases involving offenses for which the penalty imposed is death or
life imprisonment

CA/CTA or Sandiganbayan - SC
 SEARCH AND SEIZURE
A. NATURE OF SEARCH WARRANT

A.1. IN GENERAL DEFINITION

It is an order in writing; issued in the name of the People of the Philippines;
signed by a judge; and directed to a peace officer, commanding him to search
for personal property described in the warrant and bring it before the court
[Sec. 1, Rule 126].

NATURE
A search warrant is in the nature of a criminal process akin to a writ of
discovery, employed by the state to procure relevant evidence of a crime
[Malaloan v. CA, G.R. No. 104879 (1994)].
 CONSTITUTIONAL SAFEGUARD
No search warrant or warrant of arrest shall issue except upon
probable cause to be determined personally by the judge after the
examination under oath/affirmation of the complaint and the
witness he may produce, and particularly describing the place to be
searched, and the things/persons to be seized [Sec. 2, Art. III,
Constitution
Under the exclusionary rule, any evidence obtained in violation of this is
inadmissible for any purpose in any proceeding [Sec. 3, 2nd par., Art. III,
Constitution].

General rule: Search of property is unreasonable unless it has been authorized by a valid
search warrant.

Exceptions: (1) Search incidental to a lawful arrest;

(2) Consented search;
(3) Search of moving vehicle;
(4) Checkpoints;
(5) Plain view; (6) Stop and frisk; (7) Customs search; (8) Other exceptions, such as exigent
circumstances, buy-bust operations, and private searches.
 ARREST AND SEARCH WARRANTS DISTINGUISHED

Search warrant:

Order in writing in the name of the People of the Philippines, signed

by the judge and directed to the peace officer to search personal
property described therein and to bring it to court

It must particularly describe the place to be searched and the things

to be seized.

Generally served in the day time, unless there be a direction in the

warrant that it may be served at any time of the day or night
[Section 9, Rule 126]

Valid for 10 days

Warrant of arrest:
Order directed to the peace officer to execute the warrant by
taking the person stated therein into custody that he may be
bound to answer for the commission of the offense.

It must particularly describe the person to be arrested.

May be made at any time of the day or night.

Does not Expire

 APPLICATION FOR SEARCH WARRANT

WHERE FILED:

It may be filed in any court within whose territorial jurisdiction

the crime was committed.

SUBSTANCE OF APPLICATION
A search warrant shall not issue except:
(1) Upon probable cause
(2) In connection with one specific offense;
(3) To be determined personally by the judge;
(4) After examination under oath or affirmation of the complainant and
the witness he may produce;
(5) Particularly describing the place to be searched and the things to be
seized which may be anywhere in the Philippines [Sec. 4, Rule 126].
 SERVICE OF THE SEARCH WARRANT
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 to liberate himself or any
person lawfully aiding him when unlawfully detained therein [Sec. 7,
Rule 126].
KNOCK AND ANNOUNCE PRINCIPLE
Generally, officers executing a search must do the following acts:
(1) Announce their presence;
(2) Identify themselves to the accused and to the persons who rightfully have
possession of the premises to be searched;
(3) Show to them the search warrant; and
(4) Explain the warrant in a language or dialect known and understood by them
 WHEN UNANNOUNCED INTRUSION PERMISSIBLE
(1) Person in the premises refuses to open it upon demand;
(2) Person in the premises already knew of the identity and
authority of the officers;
(3) When the officers have an honest belief that there is an
imminent danger to life and limb;
(4) When those in the premises, aware of the presence of
someone outside, are then engaged in activities which
justifies the officers to believe that an escape or the
destruction of evidence is imminent.

SEARCH IN PRESENCE OF TWO WITNESSES

No search of a house, room, or any other premises 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 [Sec. 8, Rule 126].
 TIME OF MAKING SEARCH

The search shall be made at 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 [Sec. 9, Rule 126].

A search warrant violates Sec. 9, Rule 126 if the time for making the search is left
blank, thus enabling the officers to conduct the search in the evening of the
appointed search, causing untold conveniences to the person searched.

Where a search is to be made during the night time, the authority for executing
the same at that time should appear in the directive on the face of the search
warrant [Asian Surety v. Herrera, G.R. No. L-25232 (1973)].
 PROBABLE CAUSE
PROBABLE CAUSE IN SEARCH WARRANTS

Probable cause means such facts and circumstances which would

lead a reasonably discreet and prudent man to believe that an
offense has been committed, and that objects sought in
connection with the offense are in the place sought to be
searched [Santos v. Pryce Gases Inc., G.R. No. 165122 (2007)].

This probable cause must be shown to be within the personal

knowledge of the complainant or the witnesses he may produce
and not based on mere hearsay. The probable cause must refer
only to one specific offense [Roan v. Gonzales, G.R. No. 71410
(1986)].
 EXCEPTIONS TO THE SEARCH WARRANT REQUIREMENT

1. SEARCH INCIDENTAL TO LAWFUL ARREST

In a search incidental to an arrest, even without a warrant, the
person arrested may be searched for:
(a) Dangerous weapons;
(b) Anything which may have been used in the commission of an
offense; or
(c) Anything which may constitute proof in the commission of the
offense [Sec. 13, Rule 126].

The arrest must precede the search; generally, the process cannot
be reversed. Nevertheless, a search substantially contemporaneous
with an arrest can precede the arrest as if the police have probable
cause to make the arrest at the outset of the search [Riano (2011)].
 2. CONSENTED SEARCH
Jurisprudence requires that in case of consented searches or waiver of the
constitutional guarantee against obtrusive searches, it must first appear that:
(a) The right exists; (b) The person involved had knowledge, either actual or
constructive, of the existence of such right; and (c) The said person had an
actual intention to relinquish the right [People v. Nuevas, G.R. No. 170233
(2007)].

3. SEARCH OF A MOVING VEHICLE

Rationale: Peace officers may lawfully conduct searches of moving vehicles
without need of a warrant as it is impracticable to secure a judicial warrant
before searching a vehicle since it can be quickly moved out of the locality or
jurisdiction in which the warrant may be sought [People v. Tuazon, G.R. No.
175783 (2007)].
 4. CHECKPOINTS; BODY CHECKS IN AIRPORT

Searches conducted in checkpoints are valid as long as they are

warranted by the exigencies of public order and conducted in a
way least intrusive to motorists [People v. Vinecario, G.R. No.
141137 (2004)].

Routine inspections are not regarded as violative of an individual’s right

against unreasonable search:
(a) Where the officer merely draws aside the curtain of a vacant vehicle
which is parked on the public fair grounds;
(b) Officer simply looks into a vehicle;
(c) Officer flashes a light therein without opening car’s doors;
(d) Occupants not subjected to a physical search;
(e) Inspection is limited to usual search or inspection; or
(f) Routine check is conducted in a fixed area [People v. CA (2002)].
 5. PLAIN VIEW DOCTRINE
REQUISITES:
(a) A prior valid intrusion i.e., based on the valid
warrantless arrest in which the police are legally present in the
pursuit of their official duties;
(b) Evidence was inadvertently discovered by the police
who have a right to be where they are;
(c)Evidence must be immediately and apparently illegal
(i.e., drug paraphernalia);
(d) Plain view justified mere seizure of evidence without
further search [People v. Valdez (1999)].

The doctrine is usually applied where a police officer is not

searching for evidence against the accused, but nonetheless
inadvertently comes across an incriminating object.
 6. STOP AND FRISK SITUATION
Stop and frisk is a limited protective search of outer clothing for
weapon [Malacat v. CA, G.R. No. 123595 (1997)].

Where a police officer observes unusual conduct, which leads him

reasonably to conclude in the light of his experience that criminal
activity may be afoot, and that a person with whom he is dealing
may be armed and presently dangerous, he is entitled to conduct
a stop and frisk search.

Under this theory, probable cause is not required to conduct a

“stop and frisk” but mere suspicion or hunch will validate a “stop
and frisk.”
 7. ENFORCEMENT OF CUSTOMS LAW

For the enforcement of customs duties and tariff laws, the

Collector of Customs is authorized to effect searches and seizure
[General Travel Services v. David, G.R. No. L19259 (1966)].

The Tariff Code authorizes customs officers to:

(a) Enter, pass through or search any land, enclosure, warehouse;
(b) Inspect/search/examine any vessel or aircraft and any
trunk/package/box/envelope or any person on board, or stop
and examine any vehicle/beast/person suspected of
holding/conveying any dutiable/prohibited article introduced
into the Philippines contrary to law.