Beruflich Dokumente
Kultur Dokumente
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)
BILL OF RIGHTS
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.
Section 3. (1) The privacy of communication and correspondence shall be
inviolable except upon lawful order of the court, or when public safety or
order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall
be inadmissible for any purpose in any proceeding.
REPUBLIC ACT No. 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER
RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND
FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being authorized by all the
parties to any private communication or spoken word, to tap any wire or
cable, or by using any other device or arrangement, to secretly overhear,
The court referred to in this section shall be understood to mean the Court of
First Instance within whose territorial jurisdiction the acts for which authority
is applied for are to be executed.
Section 5. All laws inconsistent with the provisions of this Act are hereby
repealed or accordingly amended.
Section 6. This Act shall take effect upon its approval.