SEARCH WARRANTS

MALICIOUSLY OBTAINED
(RULE 126)
BY MAROON 5 PARTNERS AND ASSOCIATES JUNE 1, 2012 RULE 126 SEARCH WARRANT

Rule 126 (Revised Rules on Criminal Procedure) Search and

Seizure

A search warrant is an order in writing issued in the name of the People

of the Philippines, signed by a judge and directed to a peace officer, commanding

him to search for personal property described therein and bring it before the
court. (Section 1)

Where to file application for search warrant?

(Section 2)

Any court within whose territorial jurisdiction a crime

was committed

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.

XPN: When criminal action has already been filed, application shall only be
made in the court where the criminal action is pending

What personal property can be seized? (Section 3)

o Subject of the offense

o Stolen or embezzled and other proceeds, or fruits of the offense; or

o Used or intended to be used as means of committing an offense.

Requisites for issuing:

(Section 4)

1.

Probable cause in connection with a specific offense to be

determined personally by the judge after examination under
oath or affirmation of the complainant and the witness he may
produce

2.

Describe the place to be searched and the things to be

seized which may be anywhere in the Philippines

Note: This is mandated by the Constitution. See Art. III, Section 2 J

Before issuing the search warrant, there must be an

examination of the complainant and the witnesses he may
produce: (Section 5)

By whom: JUDGE
Form: SEARCHING QUESTIONS AND ANSWERS, IN
WRITING AND IN OATH
On what: FACTS PERSONALLY KNOWN TO THEM

The judge shall also attach to the record their sworn statement together with
the affidavits submitted

Issuance and form of search warrant:

(Section 6)

Substantially in the form prescribed by these rules

Right to break door or window to effect search (if refused

admittance to the place of directed search after giving notice of
purpose and authority) (Section 7)

When the judge is satisfied of the existence of facts

upon where the application is based or there is probable
cause to believe that they exist

Who: Officer

What: any outer or inner door or window or any part of

the house or anything therein

To: liberate himself or any person lawfully aiding him

when unlawfully detained therein

Search of house, room or premises should be made in the

presence of: (Section 8)

A lawful occupant thereof or any member of his family

In the absence of the latter, 2 witnesses of sufficient age
and discretion residing in the same locality

Time of making search:

(Section 9)

GR: must direct to be served in day time

XPN: affidavit asserts that the property is on the person

or in the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of
the day or night

Validity: 10 days from its date.

Receipt of property seized

(Section 10)

(Section 11)

By whom: officer seizing the property under warrant

To whom: 1) to the lawful occupant OR 2) in the

absence of such, in the presence of 2 witnesses leave a
receipt in the place where the property seized was found

Delivery of property and inventory thereof to court

1.

Who: officer

(Section 12)

What: property seized + true inventory thereof duly verified under oath
To whom: judge who issued the warrant

1.

Who: issuing judge

Shall: ascertain if the return has been made

When: 10 days after the issuance of warrant

RETURN NOT MADE: summon the person to whom the warrant was
issued, require him to explain why no return was made
RETURN MADE: ascertain whether Sec. 11 has been complied with and
require property seized be delivered to him

1.

What: filing and keeping of the return on the search warrant

By whom: custodian of the logbook on search warrants

What to enter: 1) date of the return, 2) results, 3) other actions of the judge

Violation of this section shall constitute contempt of court

Search incident to lawful arrest: no need for search

warrant (Section 13)

o For dangerous weapons or anything which may have been used or

constitute proof in the commission of an offense

Motion to quash a search warrant or to suppress evidence;

where to file (Section 14)

GR: only by the court where the action is instituted

XPN: no criminal action has been instituted, motion filed

and resolved in the court which issued the search warrant.
FAILURE TO RESOLVE MOTION AND CRIMINAL CASE FILED IN
ANOTHER COURT, motion shall be resolved in the latter.