CLJ 311 - ASSIGNMENT

1. In general, what is required before searches and seizures can be conducted?

What is/are the exception/s?
Before searches and seizures a judge issues a search warrant to authorize law
enforcement officers to search a particular location and seize specific items. To obtain a
search warrant, police must show probable cause that a crime was committed and that
items connected to the crime are likely to be found in the place specified by the warrant.
The exception are:
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.

2. Is there an expiration date for search warrants?

Yes, Validity of search warrant. A search warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be void.
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 complied 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.
If the police officer doesn’t make a return, the judge should summon him and
require him to explain why no return was made.

3. What are the requisites for the issuance of a warrant? May a single search
warrant be issued for two criminal offenses?
The requisites for the issuance of a search warrant are:
(1) probable cause is present;
(2) such probable cause must be determined personally by the judge;
(3) the judge must examine, in writing and under oath or affirmation, the
complainant and the witnesses he or she may produce;
 (4) the applicant and the witnesses.
May a single search warrant be issued for two offenses? No, It is void for the law requires
that a warrant of arrest should only be issued in connection with one specific offense.

4. Which court should you file an application for the issuance of a search
warrant? How about when the case has already been filed?
According to rule 126 of search and seizure. Which 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.

5. What are the responsibilities of the seizing officer after the issuance of the search
warrant?
After the issuance of the search warrant the seizing officer must forthwith
deliver the property seized to the judge who issued the warrant, together with a true
inventory thereof duly verified under oath. In 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. 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.