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
what are the elements of search warrant
Personal property that may be subjected to seizure
A search warrant may be issued for the search and seizure of
personal Property
Search Warrant: Requisites for Issuance A search warrant shall not
issue except upon:
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
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
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
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
Unlike in warrant of arrest, a search warrant shall be valid for 10
days from its date. Thereafter, it shall be void
The officer seizing the 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
Person lawfully arrested may be searched for dangerous weapons
or Anything which may have been used or constituted proof in the
commission of an offence without a search warrant
"The following are considered as valid warrantless searches and
seizures what are these
Plain View Doctrine: Authorizes a search and a seizure without a
warrant. Requisites are:
This is limited protective search of the outer clothing of a
person to determine the presence of weapons. Probable cause is
not required but a genuine reason (not mere suspicion) must
exist, in the light of the
officers experience and surrounding circumstances„ to warrant
the belief that the person has concealed weapon
three main functions of the prosecution pillar:
Its mandate is to uphold the rule of law and ensure the effective
and efficient administration of justice. It is the principal law
agency and legal counsel of the government. The department is
headed by the Secretary of Justice, assisted by three
Undersecretaries, three Assistant Secretaries, the Chief Sate
Prosecutor, the Chief Sate Counsel the Bureau of Corrections, the
Board of Pardons and Parole, and Support Services such as the
Technical Staff,
Financial and Management Service, Administrative Service, and
Management Service Office.
its role as the prosecution arm of the government, particularly the
investigation and prosecution of all criminal cases, except those
under the exclusive jurisdiction of the office of the Ombudsman.
An Act Strengthening and Rationalizing the National Prosecution
Service changes the title Chief State Prosecutor into prosecutor
General as the head of the National Prosecution Service .
is assisted by five Senior Deputy State Prosecutors (formerly
Assistant Chief State Prosecutors) and a host of Senior Assistant
State Prosecutors, Assistant State Prosecutors, and Prosecution
Attorneys. Regional, Provincial, and City Prosecution Offices
remain the same as constituted in PD No. 1275,
He said the Public Prosecutor is expected to have utmost
diligence, unquestionable honesty, unblemished integrity, and
quiet dedication to serve the people at all time
is expected to have utmost diligence, unquestionable honesty,
unblemished integrity, and quiet dedication to serve the people at
all time
provides that Civil liability of a person guilty of felony Every
person criminally liable for a felony is also civilly liable.Of this, the
private complainant may acquire the services of a private counsel
to act as a private prosecutor to protect his civil rights as a result
of a felony. However, the private prosecutor is under the direct
control and supervision of the public prosecutor
is under the direct control and supervision of the public
prosecutor
Formerly known as the Tanodbayan, and is created under Section
5, Article XI of the 1987 Constitution.
Mandate of OBM(RA 6770), the Ombudsman Act of 1989
What are Powers and Functions of OBM?
The institution of the criminal action shall interrupt the running of
the period of prescription of the offense charged unless otherwise
provided in special laws
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 violate
is an accusation in writing charging a person with an offense,
subscribed by the prosecutor and filed with the court (Section 4,
Rule 110).
the private prosecutor may be authorized in writing by the-
__________ to prosecute the case subject to the approval of the
court.

The written authorization to the private prosecutor shall be given

because of either of the following reasons:

The offended party, even if a minor, has the right to initiate the
prosecution of the offenses of seduction, abduction, and acts of
lasciviousness independent of her parents, grandparents, or
guardian, unless she is incompetent or incapable of doing so.
Where the offended party, who is a minor, fails to file the
complaint, her parents, grandparents, or guardian may file the
same

It is Special Protection Against Child Abuse, Exploitation and

Discrimination Act) Under Sec. 27 of RA 7610 complaints on cases
of unlawful acts mentioned in the law committed against children.

Effect of RA 7610 may be filed by the following:

A complaint or information must charge only one offense, except

when the prescribes a single punishment for various offenses

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 there
of, and should be held for trial

is defined as the existence of such facts and circumstances as

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

Under AM NO. 05-8-26-SC effective October 3, 2005, only the

following may conduct preliminary investigation

is merely inquisitorial, and it is often the means of discovering the

persons who may be reasonably charged with a crimp to enable
the prosecutor to prepare his complaint or information

any waiver by the person arrested or detained or under custodial

investigation shall be in writing, signed by such person in the
present of his counsel otherwise such waiver shall be null and
void

Flow chart of preliminary investigation