Rule 126 - Search and Seizures

SEARCH AND SEIZURES

SECTION 1. Search warrant defined.—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. (1)

SEC. 2. Court where application for search warrant shall be filed.—An application for search warrant shall be filed with the following:

(a) Any court within whose territorial jurisdiction a crime was committed.
(b) 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.

However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. (n)

SEC. 3. Personal property to be seized.—A search warrant may be issued for the search and seizure of personal property:

(a) Subject of the offense;

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or
(c) Used or intended to be used as the means of committing an offense. (2a)

SEC. 4. Requisites for issuing search warrant. —A search warrant shall not issue except upon probable cause in connection with one specific offense to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the things to
be seized which may be anywhere in the Philippines. (3a)

SEC. 5. Examination of complainant; record. —The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under
oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted.
(4a)

SEC. 6. Issuance and form of search warrant. —If the judge is satisfied of the existence of facts upon which the application is based or that there is probable cause to believe that
they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. (5a)

SEC. 7. Right to break door or window to effect search.—The officer, if refused admittance to the place of directed search after giving notice of his purpose and authority, may break
open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or any person lawfully aiding him when
unlawfully detained therein. (6)

SEC. 8. Search of house, room, or premises to be made in presence of two witnesses.—No search of a house, room, or any other premises shall be made except in the presence of
the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. (7a)

SEC. 9. Time of making search.—The warrant must direct that it be served in the day time, unless the 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. (8)

SEC. 10. Validity of search warrant.—A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. (9a)

SEC. 11. Receipt for the property seized.—The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of the premises in whose
presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same
locality, leave a receipt in the place in which he found the seized property. (10a)

SEC. 12. Delivery of property and inventory thereof to court; return and proceedings thereon. —(a) The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.

(b) Ten (10) days after issuance .of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was
issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complied with and shall
require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with.

(c) The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the result, and other
actions of the judge.

A violation of this section shall constitute contempt of court. (11a)

SEC. 13. Search incident to lawful arrest.—A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or constitute proof in the
commission of an offense without a search warrant. (12a)

SEC. 14. Motion to quash a search warrant or to suppress evidence; where to file.—A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in
and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the
search warrant. However, if such court failed to resolve the motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the latter court. (n)
Other References:

A.M. No. 99-10-09-SC -- dated 25 Jan. 2000 -- procedure in securing SW in heinous crimes
RA No. 10175 -- Anti-Cyber Crime Prevention Act of 2012

Notable Cases Involving Search,

Seizures and Arrests

Nature of the Proceedings:

United Laboratories, Inc. versus Isip, 461 SCRA 574

Chemise Lacoste versus Fernandez, 214 Phil. 332
Santos versus Pryce Gases, GR 165122, 23 Nov. 2007

Who may apply for and who may issue SW:

Marimla versus People, G.R. No. 158467, 16 Oct. 2009

Issuance of SW and Probable Cause:

Santos versus Pryce Gases, GR 165122, 23 Nov. 2007

Manly Sportwear versus Dadodette Enterprises, 470 SCRA 384
Sketchers USA versus Inter Pacific Industrial Trading, 509 SCRA 395
People versus Estela Tuan, GR 176066, 11 Aug. 2010
Josefino Roan versus Hon. Romulo Gonzales, GR 71410, 25 Nov. 1986
Yao Sr. versus People, GR 168306, 19 June 2007
Elidad Kho versus Hon. Enrico Lanzanas, 489 SCRA 445
People versus Olive Mamaril, GR 171980, 06 Oct. 2010
Central Bank versus Morfe, 20 SCRA 507, L-20119, 30 June 1967
United Laboratories, Inc. versus Isip, 461 SCRA 574
Bernard Nala versus Judge Barroso, Jr., GR 153087, 07 Aug. 2003 &
Bernardo Betoy Sr. versus Mamerto Coliflores, MTJ-05-1608, 28 Feb. 2006
Frank Uy versus Bureau of Internal Revenue, G.R. No. 129651, 20 Oct. 2000

Description of person or place to be searched and items that may be seized:

People versus Raul Nunez, GR 177148, 30 June 2009

Frank Uy versus Bureau of Internal Revenue, G.R. No. 129651, 20 Oct. 2000
People versus Modesto Tee, G.R. Nos. 140546-47, 20 Jan. 2003
Andy Quelnan versus People, G.R. No. 166061, 06 July 2007
Pangandaman versus Casar, GR 71782, 14 Apr. 1988
People versus Veloso, 48 Phil. 169
Uy Kheytin versus Villareal, 42 Phil. 886*
Stonehill versus Diokno, GR 19550, 19 June 1957 &
Twentieth Century Fox versus CA, 164 SCRA 655 &
Columbia Pictures CA, 262 SCRA 219 (cf. 20th Centrury Fox Case!!!) &
Yao Sr. versus People, 525 SCRA 108, GR 168306, 19 June 2007
Kho versus Makalintal, 306 SCRA 70

Issuance, Form and Implementation of the Search Warrant:

People versus Court of Appeals, 291 SCRA 400

People versus Court of Appeals, 347 SCRA 453
Panuncio versus People, GR 165678, 17 July 2009
Santos versus Pryce Gases, GR 165122, 23 Nov. 2007

Objections to the Issuance or Implementation of Search Warrant

Buenaventura versus People, 529 SCRA 500, 08 Aug. 2007

People versus Macatingag, GR No. 181037, 19 Jan. 2009
Santos versus Pryce Gases, GR 165122, 23 Nov. 2007
Ruben Castillo versus People, G.R. No. 185128, 30 Jan. 2012

Search Incident to Arrest:

Adams versus Williams, 47 U.S. 143

Nolasco versus Pano, 139 SCRA 152 (Note: Study also dissenting opinion & the Resolution to the MFR) &
Espano versus Court of Appeals, 288 SCRA 588
People versus Leangsiri, 252 SCRA 213
People versus Cubcubin Jr., 360 SCRA 690
 People versus Estella, 395 SCRA 553
Valeroso versus Court of Appeals, GR 164815, 03 Sept. 2009 &&

Search at Checkpoints and of Moving Vehicles:

Valmonte versus de Villa, GR 83988, 24 May 1990

People versus Mikael Malmstedt, GR 91107, 19 June 1991

People versus Tuazon, 532 SCRA 152, 03 Sept. 2007
People versus Vinecario, GR 141137, 20 Jan. 2004
Abenes versus Court of Appeals, GR 156320, 14 Feb. 2007

Buy-Bust Operations:

People versus Doria, 301 SCRA 668 &

People versus Lim, GR No. 187503, 11 Sept. 2009
People versus Victorio Pagkalinawan, GR 184805, 03 Mar. 2010
People versus Ramos, GR 180508, 04 Sept. 2009
People versus Joey Tion, GR 172092, 16 Dec. 2009
People versus Sembrano, GR 185848, 16 Aug. 2010
People versus Araneta, GR 191064, 20 Oct. 2010
People versus Feliciano, GR 190179, 20 Oct. 2010
People versus Naquita, GR 180511, 28 July 2008
People versus Amarillo, G.R. No. 194721, August 15, 2012
People versus Agulay, GR 181747, 26 Sept. 2008
People versus Bohol, GR 171729, 28 July 2008
People versus Elizabeth Marcelino, GR 189278, 26 July 2010
People versus SPO3 Sangki Ara, GR 185011, 23 Dec. 2009 (Surveillance)
People versus Concepcion, GR 178876, 27 June 2008 (Surveillance)
People versus Hernandez, GR 184804, 18 June 2009 (Blotter not reqired)

Plain View:

Judge Felimon Abelita versus PSupt. Doria, GR 170672, 14 Aug. 2009 &
Zalameda versus People, GR 183656, Sept. 2009
People versus Nuevas, 516 SCRA 463, GR 170233, 22 Feb. 2007

"Stop and Frisk" Rule (The 'Terry Doctrine')

Terry versus Ohio, 392 U.S. 1, 20L. Ed. 2nd 889 (1968) or Read This
Esquillo versus People, GR 182010, 25 Aug. 2010
Valdez versus People, 538 SCRA 611, 23 Nov. 2007
Malacat versus Court of Appeals, 283 SCRA 159 &
People versus Chua, GR 128222, 17 June 1999, 396 SCRA 660 &
Epie Jr. versus Ulat-Marredo, 518 SCRA 641, 22 Mar. 2007
Summerville General Merchandising versus Court of Appeals, 529 SCRA 602, 26 June 2007