https://batasnatin.

com/law-library/remedial-law/criminal-
procedure/698-search-and-seizure.html

WHEN SHOULD THE SEARCH WARRANT BE

EXECUTED?
> If possible, it should be executed during the daytime
> But in certain cases, such as when the things seized are mobile or are in the person of the
accused, it can be served during nighttime

Sec. 10. Validity of search warrant. – A search warrant shall be valid for ten (10) days
from its date. Thereafter, it shall be void.

FOR HOW LONG IS THE SEARCH WARRANT VALID?

> It is valid for 10 days, after which the police officer should make a return to the judge who
issued it
> If the police officer doesn’t make a return, the judge should summon him and require
him to explain why no return was made
> If the return was made, the judge should determine if the peace officer issued the receipt
to the occupant of the premises from which the things were taken.
> The judge shall also order the delivery to the court of the things seized.

IF THE WARRANT WAS EXECUTED EVEN BEFORE

THE EXPIRATION OF THE 10-DAY PERIOD, CAN
THE PEACE OFFICER USE THE WARRANT AGAIN
BEFORE IT EXPIRES?
> No, of the purpose for which it was issued has already been carried out, the warrant
cannot be used anymore.
> The exception is if the search wasn’t finished within 1 day, the warrant can still be
used the next day, provided it is still within the 10-day period

Sec. 11. Receipt for the property seized. – The officer seizing the property under the
warrant must give a detailed receipt for the same to the lawful 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.

WHAT IS THE DUTY OF THE OFFICER WHEN HE

SEIZES THE PROPERTY?
> The officer seizing the property under the warrant must give a detailed receipt for
the same to the lawful 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.

CAN THE OWNER OF THE THINGS SEIZED BE

MADE TO SIGN THE RECEIPT?
> No since this would be tantamount to a violation of one’s right against self-
incrimination. It is a confession without the assistance of counsel.

IS THERE PERIL TO THE OWNER OF THE THINGS

SEIZED IF HE IS MADE TO SIGN THE BOOKING
SHEET?
> There is no peril since he would just be made to acknowledge that a case has been
filed against him

THE ACCUSED WAS ARRESTED DURING A BUY-

BUST OPERATION. PESO BILLS WERE SEIZED
FROM HIM. CAN THE ACCUSED BE MADE TO SIGN
THE BILLS?
> Yes, having the bills is not a crime.
> This applies even if the bills involved is marked money.

Sec. 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 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.

(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.

WHAT IS THE DUTY OF THE OFFICER AFTER

THE PROPERTY SOUGHT UNDER THE SEARCH
WARRANT HAS BEEN SEIZED?
> 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.

Sec. 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.

IN WHAT INSTANCES WOULD A SEARCH AND

SEIZURE WITHOUT A WARRANT BE ALLOWED?
1. A warrantless search incidental to a lawful arrest
a. Arrest must be lawful
b. It must be contemporaneous with the arrest in both time and place
c. Within the vicinity of the person arrested, immediate control, which is the evidence
of the offense or weapon
2. Search of evidence in plain view
3. Search of a moving vehicle
a. Must be cursory
b. Cant make a thorough search; just have to take a look; not to open trunks
4. Consented warrantless searches
a. The right exists
b. Person making the consent knows that he has the right
c. In spite of the knowledge of the right, he voluntarily and intelligently gives his consent
5. Customs searches
6. Stop and frisk
7. Exigent and emergency circumstances
8. Checkpoints
9. Republic Act requiring inspections or body checks in airports
10. Emergency
11. In times of war and within military operations

WHAT ARE THE INSTANCES OF A PERMISSIBLE

WARRANTLESS ARREST?
1. Arrest in flagrante delicto
2. Arrest effected in hot pursuit
3. Arrests of escaped prisoners

WHAT IS THE AREA OF COVERAGE OF AN

OFFICER’S SEARCH? IS IT LIMITED TO THE
PERSON OF THE ACCUSED?
> Under this rule, the search being an incident to a lawful arrest may extend beyond the
person of the one arrested to include the premises or surrounding under his immediate control
> The search must be made after the arrest. The objective is to make sure that the
life of the peace officer will not be endangered. It must be contemporaneous with the arrest
in both time and place.

WHEN IS THE WARRANTLESS SEARCH OF A

MOVING VEHICLE ALLOWED?
> It is allowed when it is not practicable to secure a warrant

WHAT ARE THE REQUIREMENTS IN A

WARRANTLESS SEARCH INCIDENTAL TO A
LAWFUL ARREST?
1. Arrest must be lawful
2. It must be contemporaneous with the arrest in both time and place
3. Within the vicinity of the person arrested, immediate control, which is the evidence of
the offense or weapon
WHO SHOULD GIVE CONSENT TO A
WARRANTLESS SEARCH AND WHAT ARE THE
REQUISITES?
> Only the person whose right may be violated can give the consent; it is a personal
right that cannot be availed of by third parties. The requisites are:
1. The person has knowledge of his right against the search
2. He freely and intelligently gives his consent in spite of such knowledge

WHAT ARE THE REQUISITES FOR THE PLAIN

VIEW DOCTRINE TO APPLY?
1. There must have been a prior valid intrusion based on the 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 had the right to be where they
are
3. The evidence must be immediately apparent
4. There was no need for further search

WHAT IS A STOP AND FRISK SITUATION? WHEN IS

IT VALID?
> It is a situation wherein there is a limited protective search of outer clothing for
weapons
> While probable cause is not required to conduct a stop and frisk, mere suspicion or a hunch
will not validate such a procedure.
> A genuine reason must exist, in light of the police officer’s experience and
surrounding conditions, to warrant the belief that the person has detained the weapons concealed
about him.

Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. – A motion
to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and
acted upon only by the court where the action has been instituted. If no criminal action has
been instituted, the motion may be filed in and resolved by the court that issued search warrant.
However, if such court failed to resolve the motion and a criminal case is
subsequently filed in another court, the motion shall be resolved by the latter court.
A POLICE OFFICER WAS GRANTED TO SEARCH
THE HOUSE FOR REBEL OFFICERS. CAN THE
POLICEMAN CONDUCT A WARRANTLESS SEARCH?
> NO, the permission didn’t include the room to room search and anything confiscated
will be inadmissible

IF AN OBJECT HAS BEEN SEIZED UPON ORDERS

OF THE COURT, MAY A COORDINATE COURT
ISSUE A REPLEVIN ORDER FOR THE RELEASE OF
THE OBJECT?
> No, only the court that ordered its confiscation may release the object

IF THE ARRESTED PERSON SIGNS THE RECEIPT OF

THE PROPERTY SEIZED WITHOUT THE
ASSISTANCE OF COUNSEL, IS THE RECEIPT
ADMISSIBLE?
> No, because it was done without assistance of counsel

WHAT IS THE MULTI-FACTOR BALANCING TEST?

> It requires officers to weigh the manner and intensity of the interference of the right
of the people, the gravity of the crime committed, and the circumstances attending the
incident.

WHERE SHOULD ONE FILE THE NOTION TO

QUASH WARRANT OR TO SUPPRESS EVIDENCE?
1. In the court where the action has been instituted
2. If no criminal action has been filed, in the court that issued the warrant
3. However, if said court failed to resolve the motion and a criminal case is subsequently
filed in another court, the motion shall be filed in the latter court
A MOTION TO QUASH WAS FILED IN THE
COURT WHERE THE CRIMINAL ACTION WAS
FILED. DURING THIS TIME, THE
PRELIMINARY INVESTIGATION WAS ONGOING.
THE ACCUSED MOVES FOR THE SUSPENSION OF
THE PRELIMINARY INVESTIGATION. VALID AND
PROPER?
> No, the preliminary investigation is of different nature from deciding on whether to
grant the motion to quash the warrant
> The result of one will not affect the other. One deals on probable cause on whether there
are facts and circumstances that would engender a well-founded belief that a crime has been
committed and the accused is probably guilty thereof. The other deals on whether the
things and objects were seized legally or not.

NOTE: The Motion To Quash, filed in the issuing court, or to Suppress Evidence, filed
with the court trying the case, are alternative, not cumulative remedies. If one is filed, the
other can no longer be availed of. The court first taking cognizance of the motion does so to
exclusion of the other. The proceedings thereon are subject to the omnibus motion rule
and the rule against forum shopping.

WHAT IS THE TOTAL EXCLUSIONARY RULE?

> Things and objects seized in violation of the right against unreasonable searches and
seizures are fruits of the poisonous tree and are inadmissible as evidence