Week 3 - Search and Seizure (First Part) Important Provisions

Question 1

CONST. Art. III. Sec. 2. The right of the people…

Answer 1

CONST Art. III. Sec. 2. T R O T P T B S I T P, H, P, A E A U S A S O W N A F A P S B I, A N S W O W O A S I E U P C T B D P B T J A E U O O A O T C A T W H M P, A P D T P T B S A T P O T T B S.

Question 2

CONST. Art. III. Sec. 2. The right of the people to be secure in their [….] against […] shall be inviolable, and no […] except upon […] to be […] after […] of the[…] and particularly describing[…].

Answer 2

CONST. Art. III. Sec. 2. 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 [complainant and the witnesses he may produce,] and particularly describing [the place to be searched and the persons or things to be seized].

Question 3

Rule 126. Sec. 1

Answer 3

Rule 126. 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.

Question 4

Rule 126. Sec. 1

Answer 4

Rule 126. Sec. 1. S W D. – A S W I A O I W I I T N O T P O T P, S B A J A D T A P O, C H T S F P P D T A B I B T C.

Question 5

Rule 126. Section 1. Search warrant defined. – A search warrant is […], signed by […], commanding him […] and […].

Answer 5

Rule 126. 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.

Question 6

Rule 126. Sec. 13. Search incident to a lawful arrest.

Answer 6

Rule 126. Sec. 13. Search incident to a 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.

Question 7

Rule 126. Sec. 13. Search incident to a lawful arrest. – A person […] may be […] which may have been […] of […]search warrant.

Answer 7

Rule 126. Sec. 13. Search incident to a 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.

Question 8

CONST. Art. III. Sec. 3 (1)

Answer 8

CONST. Art. III. Sec. 3. (1). The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

Question 9

CONST. Art. III. Sec. 3. (1). The […] shall be […], or […], as […].

Answer 9

CONST. Art. III. Sec. 3. (1). The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

Question 10

CONST. Art. III. Sec. 3 (1)

Answer 10

CONST. Art. III. Sec. 3. (1). T P O C A C S B I E U L O O T C, O W P S O O R O, A P B L.

Question 11

CONST. Art. III. Sec. 3 (2)

Answer 11

CONST. Art. III. Sec. 3. (2). Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Question 12

CONST. Art. III. Sec. 3. (2). Any […] of […] shall be […] in […].

Answer 12

CONST. Art. III. Sec. 3. (2). Any [evidence obtained in violation] of [this or the preceding section] shall be [inadmissible for any purpose in any proceeding].

Question 13

CONST. Art. III. Sec. 3 (2)

Answer 13

CONST. Art. III. Sec. 3 (2). A E O I V O T O T P S S B I F A P I A P.

Question 14

Rule 126. Sec. 5.

Answer 14

Rule 126. Sec. 5. Examination of complainant; record. – The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted.

Question 15

Rule 126. Sec. 5. Examination of complainant; record. – The judge must, […] in the form […] and the […] and attach […], together with […].

Answer 15

Rule 126. Sec. 5. Examination of complainant; record. – The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted.

Question 16

Rule 126. Sec. 5. Examination of complainant; record.

Answer 16

Rule 126. Sec. 5. Examination of complainant; record. – T J M, B I T W, P E I T F O S Q A A, I W A U O, T C A T W H M P O F P K T T A A T T R T S S, T W T A S.

Question 17

Rule 126. Sec. 3. Personal property to be seized.

Answer 17

Rule 126. Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and seizure of personal property: (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.

Question 18

Rule 126. Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and seizure of personal property: […].

Answer 18

Rule 126. Sec. 3. Personal property to be seized. – A search warrant may be issued for the search and seizure of personal property: (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.

Question 19

Rule 126. Sec. 3. Personal property to be seized.

Answer 19

Rule 126. Sec. 3. Personal property to be seized. – A S W M B I F T S A S O P P: (a) S O T O; (b) S O E A O P, O F O T O; O (c) U O I T B U A T M O C A O.

Question 20

Rule 126. Sec. 6.Issuance and form of search warrant.

Answer 20

Rule 126. Sec. 6. Issuance and form of search warrant. – If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules.

Question 21

Rule 126. Sec. 6. Issuance and form of search warrant. – If the judge is […] upon which the […] to believe that […] prescribed by these Rules.

Answer 21

Rule 126. Sec. 6. Issuance and form of search warrant. – If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules.

Question 22

Rule 126. Sec. 6. Issuance and form of search warrant.

Answer 22

Rule 126. Sec. 6. Issuance and form of search warrant.– I T J I S O T E O F U W T A I B O T T I P C T B T T E, H S I T W, W M B S I T F P B T R.

Question 23

Rule 126. Sec. 10. Validity of a search warrant.

Answer 23

Rule 126. Sec. 10. Validity of a search warrant. – A search warrant shall be valild for ten (10) days from its date. Thereafter, it shall be void.

Question 24

Rule 126. Sec. 10. Validity of a search warrant. – A search warrant […].

Answer 24

Rule 126. Sec. 10. Validity of a search warrant. – A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void.

Question 25

Rule 126. Sec. 10. Validity of a search warrant.

Answer 25

Rule 126. Sec. 10. Validity of a search warrant. – A S W S B V F T (10) D F I D. T, I S B V.

Question 26

Rule 126. Sec. 9. Time of making search.

Answer 26

Rule 126. Sec. 9. Time of making search. – The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.

Question 27

Rule 126. Sec. 9. Time of making search. – The warrant must […], unless the […] or […], in which case […].

Answer 27

Rule 126. Sec. 9. Time of making search. – The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night.

Question 28

Ruel 126. Sec. 9. Time of making search.

Answer 28

Rule 126. Sec. 9. Time of making search. – T W M D T, I B S I T D T, U T A A T T P I O T P O I T P O T B S, I W C A D M B I T I B S A A T O T D O N.

Question 29

Rule 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses.

Answer 29

Rule 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – No search of a house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

Question 30

Rule 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – No search of […] shall be made […] or […] or […].

Answer 30

Rule 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – No search of a house, room, or any other premises shall be made except in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality.

Question 31

Rule 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses.

Answer 31

Rule 126. Sec. 8. Search of house, room, or premises to be made in presence of two witnesses. – N S O A H, R, O A O P S B M E I T P O T L O T O A M O H F O I T A O T L, T W O S A A D R I T S L.

Question 32

Rule 126. Sec. 7. Right to break door or window to effect search.

Answer 32

Rule 126. Sec. 7. Right to break door or window to effect search. – 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.

Question 33

Rule 126. Sec. 7. Right to break door or window to effect search. – The officer, […], may break open […] to execute the warrant or […].

Answer 33

Rule 126. Sec. 7. Right to break door or window to effect search. – 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.

Question 34

Rule 126. Sec. 7. Right to break door or window to effect search.

Answer 34

Rule 126. Sec. 7. Right to break door or window to effect search. – T O, I R A T T P O D S A G N O H P A A, M B O A O O I D O W O A H O A P O A H O A T T E T W O L H O A P L A H W U D T.

Question 35

Rule 126. Sec. 11. Receipt for the property seized.

Answer 35

Rule 126. Sec. 11. Receipt for the property seized. – The officer seizing 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.

Question 36

Rule 126. Sec. 11. Receipt for the property seized. – The officer seizing property under the warrant […] to […], or in the absence of such occupant, […], leave a receipt in […].

Answer 36

Rule 126. Sec. 11. Receipt for the property seized. – The officer seizing 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.

Question 37

Rule 126. Sec. 11. Receipt for the property seized.

Answer 37

Rule 126. Sec. 11. Receipt for the property seized. – T O S P U T W M G A D R F T S T T L O O T P I W P T S A S W M, O I T A O S O, M, I T P O A L T W O S A A D R I T S L, L A R I T P I W H F T S P.

Question 38

Rule 126. Sec. 12. (a) Delivery of property and inventory thereof to court; return and proceedings thereon.

Answer 38

Rule 126. Sec. 12. (a) Delivery of property and inventory thereof to court; return and proceedings thereon.– 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.

Question 39

Rule 126. Sec. 12. (b) Delivery of property and inventory thereof to court; return and proceedings thereon.

Answer 39

Rule 126. Sec. 12. (b) Delivery of property and inventory thereof to court; return and proceedings thereon.– 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.

Question 40

Rule 126. Sec. 12. (c). Delivery of property and inventory thereof to court; return and proceedings thereon.

Answer 40

Rule 126. Sec. 12. (c). Delivery of property and inventory thereof to court; return and proceedings thereon.– 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. //[next par.] A violation of this section shall constitute contempt of court.

Question 41

Rule 126. Sec. 12. (a) Delivery of property and inventory thereof to court; return and proceedings thereon.– The officer must […], together with a […].

Answer 41

Rule 126. Sec. 12. (a) Delivery of property and inventory thereof to court; return and proceedings thereon.– 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.

Question 42

Rule 126. Sec. 12. (b) Delivery of property and inventory thereof to court; return and proceedings thereon.– […], the issuing judge shall […] and require […]. If the return has been made, […] and shall require that […]. The judge shall see to it that […].

Answer 42

Rule 126. Sec. 12. (b) Delivery of property and inventory thereof to court; return and proceedings thereon.– 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.

Question 43

Rule 126. Sec. 12. (c). Delivery of property and inventory thereof to court; return and proceedings thereon.– The return on the search warrant shall […]. //[next par.] A violation of […].

Answer 43

Rule 126. Sec. 12. (c). Delivery of property and inventory thereof to court; return and proceedings thereon.– 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. //[next par.] A violation of this section shall constitute contempt of court.

Question 44

Rule 126. Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon.

Answer 44

Rule 126. Sec. 12. Delivery of property and inventory thereof to court; return and proceedings thereon. – (a) T O M F D T P S T T J W I T W, T W A T I T D V U O. // (b) T (10) D A I O T S W, T I J S A I T R H B M, A I N, S S T P T W T W W I A R H T EW N R W M. I T R H B M, T J S A W S 11 O T R H B C W A S R T T P S B D T H. T J S S T I T S (a) H H B C W. // (c) T R O T S W S B F A K B T C O T L B O S W W S E T T D O T R, T R, A O A O T J. // A V O T S S C C O C.

Question 45

Rule 126. Sec. 2. Court where application for search warrant shall be filed.

Answer 45

Rule 126. Sec. 2. Court where application for search warrant shall be filed. – An application for search warrant shall be filed with the following:

(a) Any court within whose territorial jurisdiction a crime was committed.
(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.

Question 46

Rule 126. Sec. 2. Court where application for search warrant shall be filed.

Answer 46

Rule 126. Sec. 2. Court where application for search warrant shall be filed. – A A F S W S B F W T F:

(a) A C W W T J A C W C.
(b) F C R S I T A, A C W T J R W T C W C I T P O T C O T C I K, O A C W T J R W T W S B E.

H, I T C A H A B F, T A S O B M I T C W T C A I P.

Question 47

Rule 126. Sec. 4. Requisites of issuing search warrant

Answer 47

Rule 126. Sec. 4. Requisites of issuing 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.