THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES –

ARTICLE III

Section 2: “The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever nature and
for any purpose shall be inviolable, and no search warrant or warrant of arrest
shall issue except upon probable cause 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
persons or things to be seized.”

– RIGHT AGAINST UNREASONABLE ARREST, SEARCH AND SEIZURE

Important Key Terms

1. Probable Cause: A reasonable belief that a crime has been or is being
committed, often required for a search warrant or arrest warrant.
2. Search Warrant: A legal document issued by a judge authorizing law
enforcement officers to conduct a search of a specified location for specified
items.
3. Warrant of Arrest: A legal document issued by a judge authorizing law
enforcement officers to arrest a specified individual.
4. Admissible Evidence: Evidence that is allowed to be presented in court.
5. Inadmissible Evidence: Evidence that is not allowed to be presented in court.
6. Relevance: The quality of being closely connected or appropriate to the
matter at hand.
7. Materiality: The quality of being relevant or significant to the matter at hand.
8. Competency: The quality of being legally admissible as evidence.
9. Flagrante Delicto: Latin term meaning "in the act of committing a crime."
10. Hot Pursuit: The immediate and continuous pursuit of a suspect who is
fleeing from a crime scene.
11. Escapee: A person who has escaped from custody or confinement.

Law’s and Regulation:

 Article 3, Section 2 of the Philippine Constitution: Protects the right of the

people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures.
 Revised Rules of Court: Prohibits the issuance of general warrants and
requires that search warrants be issued for specific offenses.
 Central Bank laws, tariff and customs laws, Tax Code, and Revised Penal
Code: Laws that may be violated and lead to the issuance of search warrants.

Violation or Crimes:
 Violation of Central Bank laws, tariff and customs laws, Tax Code, and
Revised Penal Code: May lead to the issuance of search warrants.
 Unlawful search and seizure: Conducting a search or seizure without a valid
warrant or probable cause.
 Possession of inadmissible evidence: Using evidence that was obtained
unlawfully or is otherwise inadmissible in court.

EXAMPLE:
Suppose a police officer, without a search warrant, enters a person's home and
conducts a search, finding illegal drugs in the process. The person is then
arrested and charged with drug possession based on the evidence found during
the search.In this scenario, the search conducted by the police officer is a
violation of the person's rights under Article III, Section 2 of the 1987 Philippine
Constitution. The search was conducted without a valid search warrant and
without probable cause, which is required by the Constitution. As a result, any
evidence obtained during the search would be considered inadmissible in court,
and the charges against the person would likely be dismissed.

Submitted By: Flordeliza G. Garcia BSA1-A2

Jenia Rose A. Montero BSA1-A2