Arrests, searches, seizures, Bill of Rights

1. Requisites of a valid warrant

Requisites of a valid warrant:A search warrant shall not issue except:1) Upon probable cause;2) In connection with one specific offense;3) To be determined personally by the judge;4) After examination under oath or affirmation of the complainant and the witnesses he may produce; and5) Particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (Section 4, Rule 126, Rules of Court)

a. Probable cause

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. (Section 2, Article III, 1987 Constitution)

Requisites for an application for a search warrant:1) Any court within whose territorial jurisdiction a crime was committed;2) 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. (Section 4, Rule 126, Rules of Court)However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (Paragraph 2, Section 4, Rule 126, Ibid.)

When a search warrant may be issued for t...

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