Republic of the Philippines

CAPIZ STATE UNIVERSITY

ROXAS CITY MAIN CAMPUS
Fuentes Drive, Roxas City, Capiz
website: www.capsu.edu.ph email address: roxas@capsu.edu.ph

College of Education
FERNANDO A. SUENO JR.
Reporter
Right Against Unreasonable Searches and Seizures (Sec. 2, Art. III)

Scope: Protects all persons, including aliens and, to a limited extent, artificial persons;
protects their houses, papers and effects.
Requisites of a Valid Search Warrant: The warrant must be issued:1) upon probable
cause, 2) personally determined by the judge, 3) after examination under oath of affirmation of
the complainant and the witnesses he may produce: and 4) and states particular description of the
place to be searched and he things or persons to be seized.
Probable Cause. Is 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.

Sufficiency of Description in a Warrant

For a warrant to be sufficient, it must contain the specifics of the following.
1. Place. A description of the place to be searched to ascertain and identify the place intended.
2. Person. As a rule, a warrant of arrest for the apprehension of an unnamed party upon whom
it is to be served is void except in cases where it contains a description of the person or such
as will enable the officer to identify the accused.
3. Property. The description of the property must be specific only in so far as the
circumstances will ordinarily allow. However, by nature of the property, a general
description may be allowed as “placed in books, receipts, etc. , which may not need specific
description.

Arrest without warrant is valid when (Sec. 5, Rule 113, Rules of Court):
1. The person to be arrested has committed, is actually committing, or is attempting to commit
an offense;
2. An offense has been committed and the arresting officer has personal knowledge of the facts
indicating that the person to be arrested has committed it;
3. The person to be arrested is an escape or detention prisoner;
4. a right has been voluntary waived such as the posting of the bail bond.

In People v. Liu and Chung (G.R. No. 189272), the Supreme Court (2015) pointed out:
In this case, appellants were actually committing a crime and were caught by the
apprehending officers in flagrante delicto. As previously stated, the records reveal that on the
dated of their arrest, the apprehending officers; while acting upon a report from the Barangay
Captain, spotted appellants transferring cargo from one boat to another. However, one of the
boats hastily sped away when they drew closer to the appellants, naturally arousing the
suspicion of the officers. Soon after, the police officers found them with the illegal drugs
plainly exposed to the view of the officers. When they requested appellants to show proper
documentation as to their identity as well as their purpose for being there, appellants refused
to show them anything much less respond to any of their questions. In fact, when the officers
were transporting appellants and the illegal drugs to the shore; the appellants Chi Chan Liu
even repeatedly offered the arresting officers “big, big amount of money.” Hence, the
circumstances prior to and surrounding the arrest of appellants clearly show that they were
arrested when they were actually committing a crime within the view of the arresting
officers, who had reasonable ground to believe that acrime was being committed.

John Doe Warrant

This is a warrant for the apprehension of a person whose true name is unknown; the
constitutional requirement of particularly if there is some description personae which will
enable the officer to identify the accused.

Valid Warrantless Search. The following circumstances make the search valid even
without warrant.
1. When right has been voluntarily waived;(waiver must be personal)
2. As an incident to a lawful arrest, provided the search is contemporaneous to the arrest and
within permissible are of search;
3. In searches of vessels and aircraft for violation of fishery, immigration and customs law;
4. In searches of automobile at borders or construction borders for violation of immigration
and smuggling laws;
5. In the inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations;
6. Exigent and emergency Circumstances;
7. When prohibited articles are in plain view;