Sec.

2 objects, or indicates more than

one offense.
Search Warrant
Arrest Warrant
Procedure:
1. The judge should issue a warrant **Only law enforces can apply for an
based on probable cause arrest warrant. Private persons are not
included
Probable Cause - is the
existence of such facts and **Not judicial in customs and
circumstances as would excite deportation
the belief in a reasonable mind,
acting on the facts within the ** The fiscal finds probable cause to
knowledge of the prosecutor, know whether or not to file the case in
that the person charged was court. The judge, on the other hand,
guilty of the crime for which he finds probable cause to know whether
was prosecuted based on the or not to issue the warrant of arrest
evidence that would be adduced
by the parties Warrantless Search

2. The judge must examine the Exceptions: (PIPE JAMS/CC)

witnesses personally 1. Plain view
3. The examination must be by 2. Incident to lawful arrest
means of searching questions 3. Private persons
4. Exigency
Leading question – a question 5. Jail safety
which suggests to the witness 6. Airport security
the answer. 7. Moving vehicle
8. Stop and frisk
4. The warrant must entertain 9. Consented search/waiver
specific questions as to object, 10. Custom law enforcement
as to place and the requirement
that it shall only be for one #1
crime or one offense. Plain view doctrine – where a police
officer is not searching for evidence
General warrant – it does not against the accused, but nonetheless
state the particular place, inadvertently comes across an
incriminating object.
REQUISITES:
(a) the law enforcement officer
in search of the evidence has
a prior justification for an
intrusion or is in a position
from which he can view a
particular area;
(b) the discovery of evidence in
plain view is inadvertent;
(c) it is immediately apparent to
the officer that the item he
observes may be evidence of
a crime, contraband or
otherwise subject to seizure.
REQUISITES FOR #2
1. The search must be in a place
under the immediate control
(immediate vicinity) of the
accused at the time he was
arrested
2. The search mist be
contemporaneous to, or at the
same as, the arrest
#7
Terry Search (TERRY STATE VS. THE
STATE OF OHIO) – it is a search
whose object is to determine the
identity of a suspicious individual or to
maintain the status quo momentarily
while the police officer seeks to feel
more information
Warrantless Arrest
Rule 113, Sec. 5, The Revised Rules of
Criminal Procedure
A peace officer or a private person
may, without a warrant, arrest a
person:
(a) When, in his presence, the
person to be arrested has committed,
is actually committing, or is attempting
to commit an offense;
(b) When an offense has just been
committed, and he has probable cause
to believe based on personal knowledge
of facts or circumstances that the
person to be arrested has committed
it; and
(c) When the person to be arrested
is a prisoner who has escaped from a
penal establishment or place where he
is serving final judgment or is
temporarily confined while his case is
pending, or has escaped while being
transferred from one confinement to
another.
Sec. 4
PROTECTED RIGHTS:
1. Speech
2. Press
3. Expression
4. Assembly
5. Petition
FORMS OF RESTRICTION Tests on Restrictions
1. Prior restraint (censorship,
closures, court injunction) 1. Dangerous Tendency –
2. Subsequent punishment determines where the freedom
of expression ends and the right
EXCEPTION of courts to protect their
1. Content neutral restriction – one independence begins.
that is imposed on the time, the 2. Clear and Present Danger – the
mode or manner of the evil consequence of the
restriction. comment or utterance must be
2. Content based restriction – "extremely serious and the
imposed based on the content or degree of imminence extremely
the substance itself. high" before the utterance can
be punished.
Content Neutral vs. 3. Balancing of Interest – weighing
Content Based the balance of conflicting
Restriction of Restriction with interests that will be affected
time, mode and the content and by the legislation and then
manner of substance decide which interest is more
expression important.
Enough that the Must have
interest is compelling Libel, Contempt & Obscenity
substantial or interest
important 1. Libel – a public and malicious
Show only if Clear and imputation of a crime, or of a
restriction is present danger vice or defect, real or imaginary,
reasonable test or any act, omission, condition,
Does not suffer There is a status or circumstance tending
from a presumption of to cause dishonor, discredit or
presumption of illegality or contempt of a natural or
illegality or unconstitutionali juridical person, or to blacken
unconstitutionali ty the memory of one who is dead.
ty Art. 353, RPC

Assembly and Petition

Freedom of Assembly – he right of the

people to meet peaceably for
consultation and discussion of matters
of public concern.
**Authorities cannot deny permit to
rally unless there is clear and present
danger. Intelligence reports are not
considered clear and present danger.
**If in private place, no need for
Government permit (Malabanan, et. al
vs. Ramento, et. al)
Sec. 5
Non – establishment clause – no law
shall be made respecting an
establishment of religion
- Prohibits establishment of one
religion or preferring one from
another
Free Exercise Clause
“No religious test shall be required for
the exercise of civil or political rights”
Art. 3, Sec. 5
Religious freedom – is a fundamental
right which is entitled to the highest
priority and the amplest protection
among human rights, for it involves the
relationship of man to his Creator.
(Ebralinag, et. al. vs. Division of
Superintendent of Schools of Cebu)
2 Components:
1. Freedom to believe
2. Freedom to act in accordance to
one’s belief
Test: Clear and Present Danger
Intramural Dispute
Breaking the walls/fighting with the
walls.
General Rule: Courts cannot review
the decision of church authorities
Exception:
1. There is violation of its internal
(quorum) rules
2. It involves question to property
Sec. 6
Abode – place of residence. This
involves freedom of domicile, which is
the right to choose where you want to
establish you residence
Sec. 7
What kind of information can the
President withhold?
1. Military secrets
2. Internal deliberations
3. Identities of crime informers
Remedy if right to information has
been withheld:
1. Mandamus – to compel the
custodian of records to give you
access.
2. File administrative cases
Sec. 8
Gen. Rule: right not to be compelled to
be a member
Exceptions: close – shop agreement
(Lirag vs. Blanco), exception: invoking
the right to religion

Sec. 9
Eminent Domain – power of the
government to take one’s property for
public use after payment of just
compensation.

The expropriator can enter into the

property while the case is pending and
no need for court approval subject to
the following requisites:
1. The complaint must have been
filed
2. You must give notice to the
property owner
3. You deposit the amount
equivalent to the assessed value
of the property for tax
purposes.