ARTICLE 127 Flashcards
Section 2, Art. III, of the 1987 Constitution provides
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
WHAT IS A SEARCH WARRANT?
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.(R126, S1)
WHERE DO YOU APPLY FOR A
SEARCH WARRANT?
a)Any court within whose territorial jurisdiction a crime wascommitted.
b)For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court
within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal
action is pending. (R126, S2)
GUIDELINES IN RELATION TO THE AUTHORITY OF COURTS TO ISSUE WARRANTS OF ARREST (MALALOAN V. CA)
1.The Court wherein the criminal case is pending shall have primary jurisdiction to issue search warrants necessitated by and for purposes of said case. An application for a search warrant may be filed with
another court only under extreme and compelling circumstances.
2.When the latter court issues the search warrant, a motion to quash the same may be filed in and shall be resolved by said court,
3.Where no motion to quash the search warrant was filed in or resolved by the issuing court, the interested party may move in the court where the criminal
case is pending for the suppression as evidence of the personal property seized
under the warrant if the same is offered therein for said purpose.
4. Where the court which issued the search warrant denies the motion to quash the same and is not otherwise prevented from further proceeding thereon, all personal property seized under the warrant shall forthwith be transmitted by it to the court wherein the criminal case is pending,
5. where the same criminal offense is charged in different informations or complaints and filed in two or more courts with concurrent original jurisdiction
over the criminal action. When the issue of which court will try the case shall have been resolved, such court shall be considered as vested with primary jurisdiction to act on applications for search warrants
WHAT IS THE SPECIAL EXCEPTION UNDER ADMINISTRATIVE MATTER NO. 99-10-09-SC?
A.M. No. 99-10-09-SC authorizes the
Executive Judge and Vice Executive Judges of the RTCs of Manila and Quezon City to act on all applications for search warrants involving heinous crimes, illegal gambling, dangerous drugs and illegal possession of firearms on application filed by the PNP, NBI,PAOC-TF, and REACT-TF.
(Spouses Marimla v. People)
WHAT PERSONAL PROPERTY MAY BE SEIZED?
(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. (R126, S3)
WHAT ARE THE REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT?
A search warrant shall not issue except upon probable cause in connection with one specific
offense 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 things to be seized, which may be anywhere in the Philippines. (R126, S4)
WHAT ARE THE REQUISITES FOR THE ISSUANCE OF A SEARCH WARRANT?
(1) probable cause;
(2) PC determined personally by the judge;
(3) The complainant and the witnesses personally examined by the judge (IN writing and under oath or affirmation)
(4) The applicant and the witnesses testify on facts personally known to them; and
(5) The warrant specifically describes the place to be searched and the things to be seized
(Republic v.Sandiganbayan)
(6) The warrant is in connection with ONE SPECIFIC OFFENSE
WHEN IS THE DESCRIPTION OF THE PLACETO BE SEARCHED SUFFICIENT?
Uy v. BIR
description of a place to be searched is sufficient if the officer with the warrant can, with reasonable effort, ascertain and identify the place intended and distinguish it from other places in the community.
WHEN IS A GENERAL DESCRIPTION OF THETHINGS TO BE SEIZED ALLOWED?
UY v. BIR
- unregistered delivery receipts” and “unregistered purchase & sales invoices. It would be impractical to require the latter to specify each and every receipt and invoice, and the contents thereof, to the minutest detail.
CAN A SEARCH WARRANT VOID BUT ONLY IN PART?
YES
WHAT IS A GENERAL SCATTERSHOT WARRANT WARRANT?
TAMBASAN v. PEOPLE
- issuance of a search warrant for more than one specific offense. totally null and void.
WHAT MUST THE JUDGE DO BEFORE THE ISSUANCE WARRANT?
RULE 126, SEC 5
- PERSONALLY EXAMINE complainant and witnesses through Q & A in writing and under oath.
- Attach through record SWORN STATEMENTS and AFFIDAVITS SUBMITTED.
WHAT DO YOU MEAN QUESTIONS?
PEOPLE v. CHOI
Probing and exhaustive questions depend largely on the discretion of the judge. Not merely repetitious, routinary, or pro-forma but must make his own inquiry on the intent and justification of the application.
