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On 12 February 1945 battle for Manila was raging placed Aurelio S. Alvero under arrest, suspected of
collaboration with the enemy seized and took certain papers Pasay
Laws and Customs of War on Land of the Hague Conventions of 1907, authorizing the seizure of military
papers in the possession of prisoners of war without any warrant.
To Whom Directed
1002 People vs. Andre Marti, 193 SCRA 57 (1991)
Who May Invoke the Right?
1003 Stonehill v. Diokno, 20 SCRA 383 (1967) - it may be invoked only by the person entitled to it.
- 42 search warrants were issued for alleged violations of CB laws, Tariffs, NIRC and RPC. The SC
voided the warrants on the ground that it was impossible for the judge to have found probable cause in
the view of the number of laws alleged to have been violated by the petitioner. How could he even know
that particular provision of each law had been violated? If he did not know this, how could it be
determined if the person against whom the warrant was issued was probably guilty thereof? In truth,
this was a fishing expedition, which violated the sanctity of domicile and privacy of communication. TO
establish the requirement of probable cause, the rule is: One Crime, One warrant.
1004 Bache and Co., vs. Ruiz, 37 SCRA 323 (1971) In this case, when the BIR agent and his witnesses
arrived in court in the middle of a hearing, the judge suspended the hearing and directed the branch
clerk to examine and take testimony of the witnesses in his chambers. After he was through with the
hearing, he went back to his chambers and finding that the examination was finished, asked the BIR
agent and his witnesses if they affirmed what they testified to, after which he issued the search warrant
in question.
The determination of the reasonableness of the judicial warrant must be based on the affidavit of one
who has personal knowledge of the facts to which he testifies. The testimony cannot be based on mere
belief. Neither can it be based on a report. Otherwise, the warrant is void.
Conditions for a valid warrant
Existence of Probable Cause (1)
1005 Burgos vs. Chief of Staff, 133 SCRA 800 (1984) - such facts and circumstances which would lead a
reasonably discreet and prudent man to believe that an offense has been committed and that the
objects sought in connection with the offense are in the place sought to be searched.
The description which read subversive documents, leaflets, papers to promote the objective of the
Movement for a Free Philippines, the Light a Fire Movement, and the April 6 Movement were held not
to be particular descriptions, thus making the warrant a general warrant.
Reiterating the 1937 case of Rodriguez v. Villamiel, the testimony based on a military report that the
newspaper We Forum was used for subversive were held to be not of personal knowledge and so
was inadmissible.
1006 People v. Chua Ho San, 308 SCRA 432) (1999) 1007 People v. Molina, G.R. No. 133917, February 19, 2001
Partially Valid Warrant
1008 People v. Salanguit, G.R. 133254, April 18, 2001
1009 Microsoft Corp. v. Maxicorp., G.R. 140946, September 13, 2004
Personal determination by judge (2)
1010 Sta. Rosa Mining Co., vs. Fiscal Zabala, 153 SCRA 367 (1987)
1011 Pita vs. CA, 178 SCRA 362 (1987)
1012 Paderanga vs. Drilon, G.R. 96080, April 19, 1991
1013 Abdula v. Guiani. 326 SCRA 1 (2000)
1014 People v. Mamaril, G.R. 147607, January 22, 2004
Examination of witnesses (3)
1015 Alvarez vs. CFI, 64 Phil. 33 (1937)
1016 Pasion Vda. De Garcia vs. Locsin, 65 Phil 68 (1938)
1017 Yee Sue Kuy vs. Almeda, 70 Phil. 141, (1940)
1018 Mata vs. Bayona , 128 SCRA 388 (1984)
Particularity of description (4)
1019 Nolasco vs. Cruz Pano, 132 SCRA 152 (1985) The SC first held that the search was valid even the
warrant issued was void for failing to describe with particularity the things to be seized, because it was
an incident of a valid arrest.
After EDSA revolution, the reconstituted SC granted the motion for reconsideration and held that just
because there was a valid arrest does not mean that the search was likewise valid. To be valid, the
search must be incidental to the arrest, i.e. not separated by time OR place from the arrest.
The law allows (frisking for instance) because (1) a weapon held by the arrested person may be turned
against his captor and (2) he may destroy the proof of the crime, if the arresting officer has to first
apply for a search warrant from a judge.
In the case, the search was conducted 30minutes after the arrest, there is no longer any danger that the
captured may turn against the captor; and is the documents in the apartment were 2 blocks away, the
serach would no longer be justified since there in no way for Roque to go back to the apartment and
destroy the documents, having been arrested already.
1020 Olaes vs. People, 155 SCRA 486 (1987)
1021 20th Century Fox Film Corp. vs. CA, 164 SCRA 655 (1988)
1022 Prudente vs. Judge Dayrit, 180 SCRA 69 (1989)
1023 Chia vs. Coll. of Customs, 177 SCRA 755 (1989)
Checkpoints are valid in some instances depending on the purpose (e.g. apprehend a suspected
criminal) and the circumstances (e.g. probable cause that the criminal is inside the car). There is no
question that when a child has been reported kidnapped in a community, the police can stop all cars
and check if the detained child is in any one them.
31 Papa vs. Mago, 22 SCRA 857 (1968)
32 People vs. CFI of Rizal, 101 SCRA 86 (1980)
33 Salvador v. People, G.R. No. 146706, July 15, 2005
Emergency circumstances
34 People vs. De Gracia 233 SCRA 716 (1994)
Checkpoints
35 Gen. De Villa vs. Valmonte G.R. No. 83988, May 24, 1990
36 Aniag vs. Comelec, 237 SCRA 424 (1994)
37 People v. Usana, 323 SCRA 754 (2000)
38 People v. Vinecario, G.R. No. 141137, January 20, 2004
Inspection of buildings
Warrantless arrests
(1) Rule 113, Sec. 5
(2) Art. 125, Revised Penal Code
Rebellion as Continuing Offense
39 Umil vs. Ramos, G. R. 81567, July 9, 1990
Committed in the Presence of Police Officers
40 People v. Sucro, 195 SCRA 388 (1991)
41 People v. Luisito Go, G.R. No. 116001, March 14, 2001
Personal Knowledge of the Offense
42 People vs. Gerente, 219 SCRA 756 (1993)
43 People v. Sinoc, 275 SCRA 357 (1997)
44 People v. Baula, G.R. No. 132671, November 15, 2000
45 People v. Cubcubin, G.R. No. 136267, July 10, 2001
Time of Arrest
46 People vs. Rodrigueza, 205 SCRA 791 (1992)
47 Go vs. Court of Appeals, 206 SCRA 586 (1992)