Article 129 SEARCH WARRANTS MALICIOUSLY OBTAINED AND ABUSE IN THE SERVICE OF THOSE LEGALLY OBTAINED

Question 1

Acts Punished

Answer 1

1. Procuring a search warrant 
without just cause
2. Exceeding his authority or 
by using unnecessary severity 
in executing a search warrant 
legally procured

Question 2

Elements of Procuring a search warrant

without just cause

Answer 2

a. That the offender is a 
public officer or 
employee;
b. That he procures a 
search warrant;
c. That there is no just cause

Question 3

Elements of Unnecessary severity

in executing a search warrant

Answer 3

a. That the offender is a 
public officer or 
employee;
b. That he has legally 
procured a search 
warrant;
c. That he exceeds his 
authority or uses 
unnecessary severity in 
executing the same.

Question 4

Penalty

Answer 4

The penalty of arresto mayor in its maximum period to prision correccional in its minimum period and a fine not exceeding Two hundred thousand pesos (P200,000)

Question 5

When a public officer searched a person ―outside
his dwelling without a search warrant and such
person is not legally arrested for an offense, what
crime is committed by the public officer?

Answer 5

o grave coercion if violence or
intimidation is used (Art 286), or
o unjust vexation if there is no
violence or intimidation (Art 287)

Question 6

If the act is done by a private person, what crime is committed?

Answer 6

If the offender is a private person, the crime would

be unjust vexation or theft if he takes things away.

Question 7

Valid Search

Answer 7

(1) Search made incidental to a valid arrest;
(2) Where the search was made on a moving
vehicle or vessel such that the exigency of the
situation prevents the searching officer from
securing a search warrant;
(3) When the article seized is within plain view of
the officer making the seizure without making
a search therefore.

Question 8

Valid Entry in Refused Entrance

Answer 8

The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein.