Week 4 - Search and Seizure Part 2 (warrantless) - Provisions Flashcards
Rule 126. sec. 13. Search incident to lawful arrest. –
Rule 126. 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.
Rule 126. sec. 13.
Rule 126. sec. 13. Search incident to a lawful arrest.
Search incident to a lawful arrest.
Rule 126. Sec. 13.
Rule 126. Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. –
Rule 126. 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 the 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.
Rule 126. Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. – A M T Q A S W A/O T S E O T M B F I A A U O B T C W T A H B I. I N C A H B I, T M M B F I A R B T C T I T S W. H, I S C F T R T M A A C C I S F I A C, T M S B R B T L C.
Rule 126. 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 the 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.
Which court may a motion to quash a search warrant and/or to suppress evidence be filed?
- by the court where the action has been instituted;
- If no criminal action has been instituted, the court that issued the warrant; and
- If the court that issued the search warrant failed to resolve and a criminal case has been filed in another court, in the latter court.
Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation.–
Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.
Rule 114. Sec. 26. Bail not a bar to objection on illegal arrest, lack of or irregular preliminary investigation. – A A F O A T B S N B T A F C T V O H A O T L O T W I T, O F A T R O Q T A O A P I O T C A H, P T H R T B E H P. T C S R T M A E A P B N L T T S O T T O T C.
Rule 114. Sec. 26. Bail not a bar to objections on illegal arrest, lack of or irregular preliminary investigation. – An application for or admission to bail shall not bar the accused from challenging the validity of his arrest or the legality of the warrant issued therefor, or from assailing the regularity or questioning the absence of a preliminary investigation of the charge against him, provided that he raises them before entering his plea. The court shall resolve the matter as early as practicable but not later than the start of the trial of the case.
What shall not be barred by an application for or admission to bail?
Rule 114. Sec. 26. An application for admission to bail shall not bar the accused:
- from challenging the validity of his arrest;
- from challenging the legality of the warrant issued for his arrest; or
- from assailing the regularity of the warrant issued for his arrest; or
- from questioning the absence of a preliminary investigation of the charge against him
PROVIDED that he raises them before entering his plea.
CONST. Art. III. Sec. 3 (2).
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.
RA 8493. Sec. 2.
RA 8493. Section 2. Mandatory Pre-Trial in Criminal Cases. - In all cases cognizable by the Municipal Trial Court, Municipal Circuit Trial Court, Metropolitan Trial Court, Regional Trial Court, and the Sandiganbayan, the justice or judge shall, after arraignment, order a pre-trial conference to consider the following:
(a) Plea bargaining;
(b) Stipulation of Facts;
(c) Marking for identification of evidence of parties;
(d) Waiver of objections to admissibility of evidence; and
(e) Such other matters as will promote a fair and expeditious trial
Rule 118. Sec. Pre-trial; mandatory in criminal cases.
Rule 118. Sec 1. Pre-trial; mandatory in criminal cases, – In all criminal cases cognizable by the Sandiganbayan, Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court and Municipal Circuit Trial Court, the court shall after arraignment and within thirty (30) days from the date the court acquires jurisdiction over the person of the accused, unless a shorter period is provided for in special laws or circulars of the Supreme Court, order a pre-trial conference to consider the following:
(a) plea bargaining;
(b) stipulation of facts;
(c) marking for identification of evidence of the parties;
(d) waiver of objections to admissibility of evidence;
(e) modification of the order of trial if the accused admits the charge but interposes a lawful defense; and
(f) such matters as will promote a fair and expeditious trial of the criminal and civil aspects of the case.
RPC. Art. 128. Violation of domicile. – T P O P C I I M P S B I U A P O O E W, N B A B J O, S E A D A T W O T O T, S P O O E F T W T P C O S O, O, H S E S D, A B R T L T P, S R T D S.
I T O B C I T N, O I A P O E N C E O A C B N R I A T S M B T O, T P S B P C I I M A M P.
RPC. Art. 128. Violation of domicile. – The penalty of prision correccional in its minimum period shall be imposed upon any public officer or employee who, not being authorized by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects found tHerein without the previous consent of such officer, or, having surreptitiously entered said dwelling, and being required to leave the premises, shall refuse to do so.
If the offense be committed in the nighttime, or if any papers or effects not constituting evidence of a crime be not returned immediately after the search made by the offender, the penalty shall be prision correccional in its medium and maximum periods.
RPC. Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. – I A T T L A T T O F T C O A O O, T P O A M I I M P T P C I I M P A A F N E T H T P (P200,000) S B I U A P O O E W S P A S W W J C, O, H L P T S, S E H A O U U S I E T S.
RPC. Art. 129. Search warrants maliciously obtained and abuse in the service of those legally obtained. – In addition to the liability attaching to the offender for the commission of any other offense, 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) shall be imposed upon any public officer or employee who shall procure a search warrant without just cause, or, having legally procured the same, shall exceed his authority or use unnecessary severity in executing the same.
RPC. Art. 130. Searching domicile without witnesses. – T P O A M I I M A M P S B I U A P O O E W, I C W A S I P, S S T D, P, O B O A P, I T A O T L, A M O H F, O I T D, W T P O T W R I T S L.
RPC. ART. 130. Searching domicile without witnesses. – The penalty of arresto mayor in its medium and maximum periods shall be imposed upon a public officer or employee who, in cases where a search is proper, shall search the domicile, papers, or other belongings of any person, in the absence of the latter, any member of his family, or in their default, without the presence of two witnesses residing in the same locality.
