Course Code: CRI 060

Course Title: Criminal Procedure & Court Testimony

Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Lesson title: Search & Seizures
Lesson Objectives:
At the end of the module, students will be able to:
1. Know the importance of search and seizure.
2. Explain the “Plain View Doctrine” as it applies to
searches.
Materials: Ballpen, Paper & Notebook
References:
1. Willard B. Riano, Criminal Procedure
(The Bar Lectures Series), Copyright
2011 by REX Book Store, Inc.
2. Herrera, Remedial Law, Vol. IV
(Criminal Procedure), Copyright 2007
by Rex Book Store.

A. LESSON PREVIEW/REVIEW

Introduction (2 mins)

Hello! Are you ready to learn in this second module today? Great! Our topic is entitled “Search &
Seizures” Rule 126 of the Revised Rules of Criminal Procedure. The objectives are that you will be able to
Demonstrate understanding of searches and seizures, within the context of the Bill of Rights; and explain the
“Plain View Doctrine” as it applies to searches.

B. MAIN LESSON

1. What is search?
➢ A search warrant 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 therein and bring it before the court. (Sec. 1, Rule 126).
2. State the concept of general warrant?
➢ It is void. It is a p process which authorizes the search and seizure of things, in a general
manner. This does not specify or describe with particularity the things searched and seized and
this kind of warrant is constitutionally objectionable or void.

3. State the different of search from seizure

➢ Search is an examination of a man’s house, buildings or other premises, or of his person, with a
view of some evidence of guilt to be used in the prosecution of a criminal action for some
offense with which he is charged. Ordinarily implies a request by an officer of the law.

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

➢ Seizure is the physical taking of a thing into custody. It contemplates a forcible disposition of
the owner.

4. Where the 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
(Sec. 2, Rule 126).
➢ Note: If the criminal action has already been filed, the application shall only be made in the court
where the criminal action is pending.

5. What are the subjects to be searched and 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. (Sec. 3, Rule 126).

6. What are the requisites for the issuance of 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 witness he may produce, and particularly describing the place to be
searched and the things to be seized which may be anywhere in the Philippines. (Sec. 4, Rule
126).
➢ Note: Probable cause for a search is defined as such facts and circumstances which would lead
a reasonably discreet and prudent man to believe that an offense has been committed and that
the objects sought in connection with the offense are in the place sought to be searched.

7. What is the extent of the 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).

8. How many witnesses are required during the search?

➢ 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)

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

9. State the time and validity of search.

➢ The warrant must be served in the day time only, 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 shall be valid for ten (10) days from its date. (Sec. 10, Rule 126).

10. What 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.
(Sec. 10, Rule 126).
➢ Note: (a) This right includes in both instances that of searching the person who is arrested, in
order to find and seize the things connected with the crime as its fruits or as the means by which
it was committed; (b) Search made without a warrant cannot be justified as an incident of arrest
unless the arrest itself was lawful; (b) Search must be made at the place of the arrest and
contemporaneous with the arrest, otherwise it is not an incident to the arrest. In other words, a
search is not incidental to the arrest unless the search is made at the place of arrest,
contemporaneously with the arrest; and (d) The right is limited to the time and place of the arrest

11. What are other cases where warrantless searches and seizures are valid?
➢ These include the following:
a. Search of moving vehicles:
b. Consented search without a warrant
c. Seizure of evidence in plain view
d. Enforcement of custom laws

RULE 126 SEARCH AND SEIZURE

Section 1. Search warrant defined. — A search warrant 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 therein and bring it before the court. (1)

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.

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

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)

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)

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)

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)

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)

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)

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)

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)

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

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)

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)

Activity 2: Skill-building Activities

Let’s practice! After completing each exercise, you may refer to the Key to Corrections for feedback. Try to
complete each exercise before looking at the feedback.

2.1 State the importance of search and seizure; explain the plain view doctrine and give at least one
example; and, define search warrant. Write your answer in the space provided below.

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

Questions Answers:
a. Importance of search
and seizure

b. Plain View Doctrine

c. Define search warrant

2.2 Check for Understanding (5 mins) The following are questions to assess your understanding about the
lesson today. You are required to identify what is being asked. Write your answer on the space provided
before the number. Avoid any erasures! “Check your answers against the Key to Corrections found at the
end of this SAS. Write your score on your paper.”

MULTIPLE CHOICE: (1 point each) Instructions: Read and analyze each statement carefully. Encircle the
letter of your choice.

1. Is the period of validity of search warrant?

a) Within 30 days c) Within 5 days
b) Within 15 days d) Within 10 days

2. It is the physical taking of a thing into custody and contemplates a forcible disposition of the owner?
a) Search c) Seizure
b) Subpoena d) Summon

3. The law enforcement officers searched the house in the presence of the wife without the presence of
additional witnesses residing in the same locality. Which of the following is correct?
a) The search is invalid because of the absence of at least two witness rules.
b) The search is invalid because it was made without the presence of the husband.
c)The search is valid because the rule does not require additional witnesses if it is made in the
presence of the owner.

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

d)The search is valid because the searching officers are armed with a warrant.

4. In People v. Pinzon under what Constitutional Mandates an arresting officer should inform the person to
be arrested of his rights?
a. Art III Sec. 12 b. Miranda Doctrine c. R.A. 7438 d. Rule 115

5. Should the approach culminate in an arrest or seizure of contraband; you must be able to articulate
(document) your initial suspicions to justify the initial contact made or action taken.

a. True
b. False
C. LESSON WRAP-UP

Q1. Can police conduct a search without a search warrant?

Answer: Yes. Under some circumstances, police are authorized to conduct a search without first obtaining
a search warrant. Common exceptions to the warrant requirement include:

Consent. Police may conduct a search without a search warrant if they obtain consent. Consent must be
freely and voluntarily given by a person with a reasonable expectation of privacy in the area or property to
be searched.
Plain View. An officer may seize evidence without a warrant if an officer is on the premises lawfully and the
evidence is found in plain view.
Search incident to arrest. While conducting a lawful arrest, an officer may search an individual's person and
their immediate surroundings for weapons or other items that may harm the officer. If a person is arrested
in or near a vehicle, the officer has the right to search the passenger compartment of that vehicle.
Exigent Circumstances. Police are not required to obtain a search warrant if they reasonably believe that
evidence may be destroyed or others may be placed in danger in the time it would take to secure the warrant.
Automobile Exception. An officer may search a vehicle if they have a reasonable belief that contraband is
contained inside the vehicle.
Hot Pursuit. Police may enter a private dwelling if they are in "hot pursuit" of a fleeing criminal. Once inside
a dwelling, police may search the entire area without first obtaining a search warrant.

Thinking about Learning

Work Tracker

This document is the property of PHINMA EDUCATION

 Course Code: CRI 060
Course Title: Criminal Procedure & Court Testimony
Module #7 Student Activity Sheet

Name:_____________________________________________________________ Class number: _______

Section: ____________ Schedule:________________________________________ Date:________________

That’s it! You have successfully finished the lesson today. Let us track your progress. Shade the session
number you just completed. Kindly mark the place in the work tracker to help you track how much work they
have accomplished and how much work there is left to do.

1.Did you have challenges learning the concepts in this module? If none, which parts of the module
helped you learn the concepts?
__________________________________________________________________________________
__________________________________________________________________________________
2.Some question/s I want to ask my teacher about this module is/are:
__________________________________________________________________________________
__________________________________________________________________________________

ANSWER KEY:

Rubrics on Skill Rate

Building
Activity 2.1
Correct answer with 5
explanation and without
erasure
Correct answer with 2
explanation but with
erasure
Incomplete answer and no 2
explanation
Correct answer with 1
explanation and without
erasure
Total 10 points
Activity 2.2
1. D
2. C
3. C
4. A
5. A

Congratulations! That’s enough for today, please study in advance 😊

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