Article III, Section Section 2 Right Against Unreasonable Arrest, Search and Seizure | Legal Notes

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ARTICLE III, SECTION SECTION 2 RIGHT AGAINST UNREASONABLE ARREST, SEARCH AND SEIZURE
Mayo 31, 2012 by foobarph in Constitutional Law.

Warrantless Arrest, Search and Seizure

The right of a man, together w ith his love-ones, is protected by the Bill of Rights under Article 3, Section 2 of the Philippine Constitution. It states that, The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of w hatever nature and for any purpose shall be inviolable, and no search w arrant or w arrant 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 w itnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized. As a general rule, before a police officer can arrest or search a person, he must validly first secure a w arrant of arrest or search w arrant. W ithout it, any evidence that can be obtained by such shall become inadmissible evidence in court. Elements of a good evidence It must be relevant It must be material It must be competent Requisites for a valid w arrant of arrest or search w arrant 1. There should be probable cause 2. It must be personally determined by a judge 3. It should be examined under oath or affirmation of the complainant and the w itness he may produce. 4. Place to be searched and the persons or things to be seized should be particular, not general. Only party affected may contest legality of seizure effected by search w arrants.
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Article III, Section Section 2 Right Against Unreasonable Arrest, Search and Seizure | Legal Notes

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Officers of certain corporations, from w hich documents, papers and things w ere seized by means of search w arrants, have no cause of action to assail the legality of the seizures because said corporations have personalities distinct and separate from those of said officers. The legality of a seizure can be contested only by the party w hose rights have been impaired thereby. The objection to an unlaw ful search is purely personal and cannot be availed of by third parties. W hen illegally seized evidence is admissible.Officers of certain corporations cannot validly object to the use in evidence against them of the documents, papers and things seized from the offices and premises of the corporations since the right to object to their admission in evidence belongs exclusively to the corporations, to w hich the seized effects belong, and may not be invoked by the corporate officers in proceedings against them in their individual capacity. Requisites for issuing search w arrants.The Constitution provides that no w arrant shall issue but upon probable cause, to be determined by the judge, and that the w arrant shall particularly describe the things to be seized. General search w arrants.Search w arrants, issued upon applications stating that the natural and juridical persons therein named had committed a violation of Central Bank law s, tariff and customs law s, Tax Code and Revised Penal Code do not satisfy the constitutional requirements because no specific offense had been alleged in said applications. It w as impossible for the judges, w ho issued the w arrants, to have found the existence of probable cause, w hich presupposes the introduction of competent proof that the party against w hom it is sought has performed particular acts or committed specific omissions in violation of a specific penal provision. W hy general w arrants are outlaw ed.General search w arrants are outlaw ed because they place the sanctity of the domicile and the privacy of communication and correspondence at the mercy of the w hims, caprice or passion of peace officers. Provision of Revised Rules of Court.To prevent the issuance of general w arrants, the Supreme Court amended the Old Rules of Court by providing in the Revised Rules of Court that no search w arrant shall issue for more than one specific offense. W arrants not describing particularly the things to be seized.Search w arrants authorizing the seizure of books of accounts and records show ing all the business transactions of certain persons, regardless of w hether the transactions w ere legal or illegal, contravene the explicit command of the Bill of Rights that the things to be seized should be particularly described and defeat its major objective of eliminating general w arrants. [Stonehill vs. Diokno, 20 SCRA 383(1967)] W arrant-less Arrests 1. In flagrante delicto 2. Hot pursuit 3. Escapee W arrant-less Searches 1. Search incident to law ful arrest 1. Arrest precedes search 2. Consented Search 3. Plain-view search 4. Checkpoints 5. Administrative Searches 6. At airports RELATED ARTICLES Article III, Section Section 2 Right Against Unreasonable Arrest, Search and Seizure (legalnotes.w ordpress.com)

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