Crim Pro

Section 2, Article III, 1987 Constitution:

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 complaint and the witnesses he may produce, and particularly describing the place to
be searched and the persons or things to be seized.

Rule 126 – Search and Seizure

Section 1. Search warrant Defined. – A search warrant is an order in writing issued in the
name of the People of the Philippines, signed by a judge and directed to a peace officer,
commanding him to search for personal property described therein and bring it before the
court.

I. Concept of Search Warrant

a. Malaloan vs Court of Appeals –
A search warrant is considered merely a process, issued by a court in the exercise of its
ancillary jurisdiction and not a criminal action to be entertained by a court pursuant to
its original jurisdiction.

II. As distinguished from Warrant of Arrest

a. Webb vs De Leon –
As to facts and circumstances required for issuance: In search warrant, two
conclusions must be supported by substantial evidence that the items sought are
in fact sizeable by virtue of being connected with criminal activity, and that the
items will be found in the place to be searched. It is not necessary that a particular
person be implicated. While in arrest cases, there must be probable cause that a
crime has been committed and that the person to be arrested committed it, which
can exist without any showing that evidence of the crime will be found in the
premises under that person’s control.

b. Roan vs Gonzales, etc. –

As to the procedure to be followed in the issuance of warrants: In issuance of search
warrant, the judge must personally conduct an examination of the complainant
and the witnesses, if any, and it is required that the question must be probing. In
issuance of warrant of arrest, RTC may issue warrant of arrest upon filing of an
information, searching question is not necessary before issuing warrants of
arrest.