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Requisites of a valid Search Warrant if One of the Requisites is not complied, Quashable

Revised Rules of Criminal Procedure Section 126


Sec 4. Requisites for issuing search warrants
1) Must be issued upon probable cause;
2) The probable cause must be determined by the judge himself and not by the applicant or any other person;
3) In the determination of probable cause, the judge must examine, under oath or affirmation, the
complainant and such witnesses as the latter may produce;
4) The warrant issued must particularly describe the place to be searched and the persons or things to be
seized.
Sec 5. Examination of complainant; record
1) The judge must be personally examine the complainant and such witnesses as the latter may produce if
the facts are personally known to them;
2) Must be in the form of searching questions and answers;
3) Examination must be done in writing and under oath;
4) The examination must be attached to the record their sworn statements and together with the their
respective affidavits.
Probable cause the act alleged, taken together, must constitute an offense and that these acts are imputable
to an offender in relation with whom a search warrant is applied for (Coca-Cola Bottlers, Phils., Inc. (CBBPI) vs.
Gomez, G.R. No. 154491, November 14, 2008 (571 SCRA 18)
NO FIXED RULE/FORMULA IN DETERMINING PROBABLE CAUSE FOR SEARCH WARRANT PURPOSES
Determination of Probable Cause for Search Warrant Purposes
1) Conditions of the given situation/circumstances
2) Findings or opinion of the judge conducting the examination
3) Substantial basis for the determination of the probable cause
Substantial basis questions of the examining judge brought out such facts and circumstances as would lead a
reasonably discreet and prudent man to believe that an offense had been committed, and the objects in
connection with the offense sought to be seized are in the place sought to be searched (People vs. Tuan 628
SCRA 226)
Judges must strictly comply with the Constitution and the Rules of Criminal Procedure ISSUANCE OF THE
SEARCH WARRANT MUST FULFILL ALL LEGAL REQUISITES
DUTY OF THE JUDGE WHEN TREATING APPLICATION FOR SEARCH WARRANT AND ISSUANCE FAILURE
TO DO SO, SEARCH WARRANT IS SUSCEPTIBLE TO QUASHAL

Requisities
Manner of Examination

Personally examined by the Judge searching questions and answers

Knowledge of Complainant

Personal knowledge (including witnesses)

Documentation

Sworn Statements and Affidavits submitted

Jurisdiction

Judge's territorial jurisdiction, except when application is filed with the


Executive Judge and Vice Executive Judges of Regional Trial Courts,
Manila and Quezon City

Warrant to be issued

Specific to a single offense

Inclusions to Search Warrnat

Things to be seized

RAIDING POLICE OFFICER SHOULD NOT CONFISCATE DURING THE CONDUCT OF SEARCH ITEM OR ITEMS
NOT RELATED TO THE CRIME COMPLAINED OF, OTHERWISE , ADMISSIBLE IN EVIDENCE
Revised Rules of Criminal Procedure Section 126
Sec 3. Personal Property to be seized
1) Upon issuance of search and seizure of personal property;
2) Properties that can be subjected to search and seizure:
a) Subject of the offense;
b) Stolen or embezzled and other proceeds, or fruits of the offense; or
c) Used or intended to be used as the means of committing an offense.
As a rule, only personal properties described in the search warrant may be seized by the authorities. Hence
the purpose of the constitutional requirement that the articles to be seized be particularly described in the
warrant is to limit the things to be taken to those, and only those particularly described in the search warrant
(People vs. Nunez, G.R. No. 177148, June 30, 2009 (591 SCRA 294)
ILLEGAL ITEMS IN PLAIN VIEW THOUGH NOT LISTED IN THE SEARCH WARRANT, CONFISCATABLE AND
ADMISSIBLE IN EVIDENCE
All illegal object or item though not listed in the search warrant are seizable and confiscatable so long as the
law enforcement officer must lawfully make an initial intrusion or properly be in a position from which he can
particularly view the area and that in the course of such law intrusion, he came inadvertently across a piece of
evidence incriminating the accused and that the object must be open to eye and hand and its discovery
inadvertent.
The Constitutional prohibition that search and seizure without a judicial warrant, and evidence obtained
without such warrant is inadmissible for any purpose in any proceeding is not absolute. Search and seizure,
accordingly, may be made without a warrant and the evidence obtained therefrom may be admissible if the
xxx seizure of evidence in plain view(People vs. Lagman, G.R. No. 168695, December 8, 2008 (573 SCRA 224)
APPLICATION OF PLAIN VIEW DOCTRINE; ITS ELEMENTS
Requisites for the Plain View Doctrine to concur:
1) The law enforcement officer in search of the evidence has a prior justification for an intrusion or is in
a position from which he can view a particular area
2) The discovery of the evidence in plain view is inadvertent; and
3) It is immediately apparent to the officer that the item he observes may be evidence of a crime,
contraband or otherwise subject to seizure.
Essential Elements for a valid seizure of evidence in plain view:
1) A prior valid intrusion based on the valid warrantless arrest in which the police are legally present in
the pursuit of their official duties;
2) The evidence was inadvertently discovered by the police who have right to be where they are;
3) The evidence must be immediately apparent;
4) The plain view justified mere seizure of evidence without further search.

SEARCH WARRANT, QUASHABLE ON EXTRINSIC AND INSTRINSIC GROUNDS


Extrinsic Grounds

Instrinsic Grounds

1) The place to be searched or the property to be


seized are not those specified or described in the
search warrant;
2) There is no probable cause for the issuance of the
same

1) Without compelling reason


2) Applied for and/or secured from any court within
the judicial region
3) But outside of its territorial jurisdiction where a
crime was allegedly committed

THE RULE TO BE FOLLOWEDC WHEN FILING MOTIONS TO QUASH SEARCH WARRANT OR TO SUPPRESS
EVIDENCE

Motion to quash a search warrant and/or to suppress evidence obtained


Application of Motion
(Jurisdiction)

Filed in and acted upon only by the court where the action has been instituted
Or if no criminal action has been instituted, may be filed in and resolved by the
court that issued the search warrant
If such court failed to resolve the motion and a criminal case is subsequent filed
in another court, the motion shall be resolved by the latter court