LESSON 10

RIGHT TO PROPERTY
AND PROVISION FOR
SEARCHES AND
SEIZURES
LESSON
OBJECTIVES
•UNDERSTAND THE PROVISION OF THE
CONSTITUTION ABOUT SEARCHES AND
SEIZURES

•KNOW THE RIGHT OF EVERYONE AGAINST

ILLEGAL SEARCHES AND SEIZURES; AND

•DEFINE WHAT IS SEARCH AND SEIZURE

üS E A R C H - I S A N A C T
LOOKING INTO OR OVER
C A R E F U L L Y O R
THOROUGHLY IN AN
EFFORT TO FIND OR
DISCOVER SOMETHING
üSEIZURE- IS AN ACT OF
TAKING POSSESSION OF AN
ITEM, PROPERTY, OR
PERSON LEGALLY OR BY
FORCE
WHEN SEARCH AND SEIZURE
UNREASONABLE?
IN GENERAL, ALL ILLEGAL SEARCHES AND SEIZURES ARE
UNREASONABLE WHILE LAWFUL ONES ARE REASONABLE
SCOPE OF PROTECTION
THE RIGHT AGAINST UNREASONABLE SEARCHES AND
SEIZURES IS PERSONAL AND MAY BE INVOKED ONLY BY
THE PERSON ENTITLED TO IT. THE RIGHT AGAINST
UNREASONABLE SEARCHES ARE AVAILABLE TO THE
FOLLOWING:
oPERSONS
oHOUSES
oPAPERS AND EFFECT
 WHAT IS A SEARCH
WARRANT?
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 A
CERTAIN PERSONAL PROPERTY AND
BRING IT BEFORE THE COURT.

WHAT IS WARRANT OF
ARREST?
IT IS A WRITTEN ORDER TO ARREST A
PERSON DESIGNATED TO TAKE HIM IN
CUSTODY IN ORDER THAT HE MAY BE
BOUND TO ANSWER FOR THE COMMISSION
OF AN OFFENSE.

THE CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINESS

ARTICLE 3, SECTION 2
 REQUISITES OF A VALID
WARRANT
THE CONSTITUTIONAL REQUIREMENTS OF VALID SEARCH AND
WARRANT OF ARREST ARE THE FOLLOWING:
• IT MUST BE BASED UPON PROBABLE CAUSE

• THE PROBABLE CAUSE MUST BE DETERMINED PERSONALLY BY

THE JUDGE

• THE DETERMINATION MUST BE MADE AFTER EXAMINATION

UNDER OATH OR AFFIRMATION OF THE COMPLAINANT AND
THE WITNESS HE MAY PRODUCE

• IT MUST PARTICULARLY DESCRIBE THE PLACE TO BE

SEARCHED AND THE PERSONS OR THINGS TO BE SEIZED
WHAT IS A PROBABLE CAUSE?

IN BURGOS V. CHIEF OF STAFF 133 SCRA

800, PROBABLE CAUSE HAS BEEN
DEFINED AS REFERRING TO 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.
 PERSONAL RIGHTS AGAINST
UNREASONABLE SEARCH AND
SEIZURE
oPROPER PARTY TO INVOKE RIGHT-
THE LEGALITY OF SEARCH AND
SEIZURE CAN BE CONTESTED ONLY BY
THE PARTY WHOSE PERSONAL RIGHTS
WERE INVOLVED

oR I G H T S U B J E C T T O W A I V E R -
WITHOUT PROPER SEARCH WARRANT,
NO PUBLIC OFFICIAL HAS THE RIGHT
TO ENTER THE PREMISES OF ANOTHER
WITHOUT HIS CONSENT FOR THE
PURPOSE OF SEARCH AND SEIZURE
 DOCTRINE OF FRUIT OF THE
POISONOUS TREE
UNDER THE PARAGRAPH OF SECTION 3,
ARTICLE III STATED THAT “ANY EVIDENCE
OBTAINED IN VIOLATION OF THIS OR THE
PRECEDING SECTION SHALL BE
INADMISSIBLE FOR ANY PURPOSE IN ANY
PRECEDING. INADMISSIBILITY IS CAUSED BY
NOT FOLLOWING THE GENERAL RULE
EXPRESSLY MENTIONED UNDER SECTION 2
AND SECTION 3, ARTICLE III, 1987
PHILIPPINE CONSTITUTION
 VALID WARRANTLESS SEARCHES
§WHEN THE OWNER OF THE PREMISES CONSENTS OR VOLUNTARILY SUBMITS
TO A SEARCH

§WHEN THE OWNER OF THE PREMISES WAIVES HIS RIGHT AGAINST SUCH
INCURSION

§WHEN THE SEARCH IS INCIDENTAL TO A LAWFUL ARREST

§WHEN IT IS MADE ON VESSELS AND AIRCRAFT FOR VIOLATION OF CUSTOMS

LAWS

§WHEN IT IS MADE ON AUTOMOBILES FOR THE PURPOSE OF PREVENTING

VIOLATIONS OF SMUGGLING OR IMMIGRATION LAWS

§WHEN IT INVOLVES PROHIBITED ARTICLES IN PLAIN VIEW

§WHEN IT INVOLVES A STOP AND FRISK SITUATION

§WHEN THE SEARCH IS UNDER EXIGENT AND EMERGENCY CIRCUMSTANCES

§IN CASES OF INSPECTION OF BUILDINGS AND OTHER PREMISES FOR THE

ENFORCEMENT OF FIRE, SANITARY AND BUILDING
 WHEN ARREST MAY BE MADE WITHOUT
WARRANT OF ARREST
A PEACE OFFICER OR A PRIVATE PERSON MAY, WITHOUT A
WARRANT, ARREST A PERSON

üWHEN, IN HIS PRESENCE, THE PERSON TO BE ARRESTED IS

ACTUALLY COMMITTING OR IS ATTEMPTING TO COMMIT OR HAS
JUST COMMITTED AN OFFENSE

üWHEN AN OFFENSE HAS JUST BEEN COMMITTED AND HAS

PROBABLE CAUSE TO BELIEVE BASED ON PERSONAL
KNOWLEDGE OF FACTS OR CIRCUMSTANCES THAT THE PERSON
TO BE ARRESTED HAS COMMIT IT

üWHEN THE PERSON TO BE ARRESTED IS A PRISONER WHO

HAS ESCAPED FROM A PENAL ESTABLISHMENT OR PLACE
WHERE HE IS SERVING FINAL JUDGMENT OR IS TEMPORARILY
CONFINED WHILE HIS CASE IS PENDING, OR HAS ESCAPED
WHILE BEING TRANSFERRED FROM ONE CONFINEMENT TO
ANOTHER (SECTION 5, RULE 113, REVISED RULES OF COURT
 THE END
GROUP 3
MEMBERS:
ARIAS, JOHN LOUIE
DAGONDON, CLARENCE
LARAY, ROGILETTE
METILLO, THERESA
ORCALES, GABRIELLA
RAGANDANG, JOE MARIE
UBATAY, HEART
UY, KATHLEEN CLAIRE