SECTION 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 a judge 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.
CASE DOCTRINES
by: C D R
A. When is a search a reasonable search?
Valmonte v. De Villa checkpoints Section 2 is a personal
right invocable only by those whose rights have been infringed or
threatened to be infringed; reasonableness is determined by a
fixed formula but from the circumstances of the case; not all
searches and seizures are not allowed; between the inherent right
of the state to protect its existence and promote public welfare
and an individual; right
against warrantless search which was reasonably conductedm the
former should prevail
B. Requisites of a Valid Warrant
Alvarez v. CFI of Tayabas definition of a search warrant an
order in writing, issued in the name of the People of the Philippine
Islands, signed by a judge or justice of peace and directed to a
peace officer commanding him to search for personal property
and bring it before court, OATH - any form of
attestation that a party signifies that he is bound by conscience to
perform an act faithfully or truthfully
People v. CA the general rule is that search warrants must be

served during the daytime (protect the public from the

abrasiveness of official intrusions). Exception: a search at any
reasonable hour
of day or night may be made when the application asserts that
the property in on the person or place ordered to be searched.
Absence of abuse of discretion, a search conducted at night
where so allowed is not improper
People v. Veloso parliamentary club - JOHN DOE WARRANTS
Valid IF the best description possible is given in the arrest warrant
it must be sufficient to indicate clearly on whom it is to be
served by stating his occupation, personal appearance or
peculiarities, place of residence or other circumstances which he
may be identified
Microsoft v. Maxicorp software probable cause such
reasons, supported by facts and circumstances as will warrant a
cautious man in the belief that his action and the means taken in
prosecuting it are
legally just and proper; OATH must refer to the truth of the facts
WITHIN THE PERSONAL KNOLEDGE OF THE PETITIONER OR HIS
WITNESSES; probable cause deals with probability and not
absolute certainty
Burgos Sr. v. Chief of Staff, AFP Metropolitan Mail and We
Forum typographical error in specifying the address to be
searched not sufficient to invalidate search warrant where the
address intended appears on the face of the warrant; probable
cause such facts or circumstances which would lead a
reasonably prudent man to believe that an offense has been
committed and the objects sought in connection with the offense
are in the place sought to be searched
People v. CA Abigails Variety Store VOID warrant the
claim that the place actually searched although not the one
specified in the warrant is exactly what they had in view when
they applied for the warrant is unacceptable. What is material in
determining the validity of the warrant is the place stated in the

warrant, not the one they had in their thoughts; particularization

of description may properly be done only by the judge and only in
the warrant itself
Corro v. Lising Philippine Times conclusions of law of military
officers will not satisfy probable cause requirement for issuance of
search warrants
Soliven v. Makasiar The judge is not required to personally
examine the complainant and his witnesses. He shall: 1)
personally evaluate the report and the supporting documents
submitted by the
fiscal regarding the existence of probable cause and on the basis
thereof, issue a warrant of arrest OR 2) if on the basis thereof, he
does not find probable cause, he may disregard the fiscals report
and
require the submission of supporting affidavits of witnesses to aid
him in arriving at a conclusion of the existence of probable cause
Lim Sr. v. Felix certification by the fiscal of the existence of
probable cause does not bind the judge. Preliminary inquiry
determines probable cause for the issuance of a search warrant
(prosecutor);
preliminary examination (judge) - investigation for the
determination of a probable cause for the issuance of a warrant of
arrest; preliminary investigation proper ascertains whether the
offender
should be held for trial or be released.
Yao Sr. v. People GASUL and SHELLANE v. MASAGANA examination of complainant and witnesses must be probing and
exhaustive not merely routinary, general, peripheral, perfunctory
or pro forma; law
does not require that the thihgs to be seized should be described
in very precise and minute details.
C. Warrantless Searches and Seizures

Nolasco v. Pano articles seized by void warrants should be

retuned to its owners Papa v. Mago Customs Search search
warrant not necessary except if the place to be searched is a
dwelling or house Tariff and Customs Code
People v. CFI of Rizal search of moving vehicle Carroll
doctrine search of moving vehicles or automobiles no search
warrant needed
People. V. Lo Ho Wing - exception to the issuance of search
warrant: 1) search incidental to a lawful arrest; 2) search of
moving vehicle; 3) seizure of evidence in plain view
People v. Evaristo evidence in plain view Harris v. Coolidge,
Coolidge v. New Hampshire no search warrant needed; Malacat
v. CA valid waiver must be made in writing and in the presence
of
counsel; search incidental to a lawful arrest v. stop and frisk
Terry Case probable cause is not required to conduct stop and
frisk but mere suspicion or a hunch will not validate it. A genuine
reason must exist.
People v. De Gracia Eurocar Sales Office crime was in fact
being committed search incidental to lawful arrest valid
People v. Johnson inspection at airports Persons may lose
the protection of the search and seizure clause by exposure of
their persons or property to the public in a manner reflecting lack
of subjective
expectation of privacy
David v. Macapagal-Arroyo PP 1017 case doctrines same as
the ones above (related topics: freedom of expression; freedom to
peaceably assemble)
People v. Nuevas illegal possession of marijuana - in cases of

searches incidental to a lawful arrest, the arrest must precede the

search; warrantless search, when valid: 1) incidental to lawful
arrest; 2) evidence in plain view [a) valid prior intrusion, police are
legally present in the pursuit of their
official duties, b) evidence was inadvertently discovered, c)
evidence immediately apparent, d) plain view justified mere
seizure with =out further search]; 3) search of moving vehicle; 4)
consented warrantless search; 5) customs search; 6) stop and
frisk; 7) exigent and emergency circumstances
D. Searches and seizures of whatever nature for any
purpose
E. Warrantless Arrests
Umil v. Ramos subversion a continuing offense - arrest without
a warrant is justified if the person arrested in caught in flagrante
delicto
People v. Aminudin - M/V Wilcon; marijuana not caught in
flagrante delicto; search was unreasonable; evidence inadmissible
Harvey v. Defensor-Santiago pedophiles the rights granted
in Section 2 are available to all persons including aliens, whether
accused of a crime or not People v. Mengote suspicious man
outside a person may not be stopped and frisked in broad
daylight on a bust street on a mere unexplained suspicion
Posadas v. Ombudsan Sigma Rho v. Scintilla Juris Arrest
made without a valid warrant: Rule 113, Section 5 of the Rules of
Court when in the presence of a police officer or a private
individual: 1) the person arrested has committed, is actually
committing, or attempting to commit an offense; 2) when an
offense has actually been committed, and he has personal
knowledge of the facts indicating that the
person to be arrested commited it; 3) when the person arrested is
a prisoner who has escaped from a penal establishment or place

where his is serving final or temporary judgment (pending),

escaped while being transferred
Ladlad v. Velasco imprisoned by PP 1017; rebellion/sedition
doctrine same as above and People v. De Gracia