Article IIIBILL OF RIGHTS

SECTION 2

RIGHT AGAINST UNREASONABLE ARREST,

SEARCH AND SEIZURE

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and

seizures of whatever nature and for any purpose shall be inviolable, and no

search warrant or warrant of arrest shall issue except upon probable cause to be

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

produce, particularly describing the place to be searched and the persons or

things to be seized.

Article III. Section 2 states that:

Scope of the Protection:1. Persons -the protection applies to everybody,

to citizens as well as aliens in the Philippines, whether accused of crime or not.

2. Houses –the protection is not limited to dwelling houses but extends to a garage, warehouse, shop, store, office, and even a safety deposit vault.

3. Papers and effect –they include sealed letters and packages in the mail.

Meaning of Search Warrant and Warrant of Arrest

• 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 certain personal property and bring it before the court.

• Warrant of arrest –a written order issued by the judge to arrest a person or take him into custody to make him answer for an offense in violation of a law.

Requisites for valid search warrant or warrant of arrest:

1. It must be issued upon probable cause;

2. The probable cause must be determined personally by the judge;

3. Such judge must examine under oath or affirmation, the complainant and the witnesses he may produce to determine the existence of probable cause;

4. The warrant must particularly describe the place to be searched, and the persons or things to be seized.

Sufficiency of affidavit upon which the warrant based.

The true test of sufficiency of an affidavit to warrant issuance of a search warrant

is whether it had been drawn in such manner that perjury could be charged thereon and affiant be held liable for

damages caused.

The affidavit is insufficient if it is based on mere information and belief, or on mere

hearsay.

Sufficiency of description.1) Place – a description of the place to be

searched is sufficient if the officer with a search warrant can with reasonable effort 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 those 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 is required to be specific only in so far as the circumstances will ordinarily allow.

Right against unreasonable search and seizure personal.

1. Proper party to invoke right.

-the legality of a search and seizure can be contested only by the party whose personal rights were involved.

2. Right subject to waiver.

-without a proper search warrant, no public official has the right to enter the premises of another without his consent for the purpose of search and seizure.

When Is An Arrest Without Warrant Lawful?1. When, in his presence, the person to be

arrested has committed, is actually committing or is attempting to commit an offense.

2. When an offense has in fact been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it.

3. When the person to be arrested is a prisoner who has escaped from penal establishment or place where he is serving final judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another.

When Is A Search And Seizure Without Warrant Lawful?

1. Where there is consent or waiver.

2. Where search is an incident to lawful arrest.

3. In the case of contraband or forfeited goods being transported by ship or automobile or other vehicle, where the officer making it has reasonable cause for believing that the latter contains them, in view of the difficulty attendant to securing a search warrant.

4. Where, without a search, the possession of articles prohibited by law is disclosed to plain view or is open to eye and hand;

5. As an incident of inspection, supervision and regulation in the exercise of the police power such as inspection of restaurants by health officers, of factories by labor inspectors, etc. the same thing may be said of inspection of books of accounts by revenue examiners; and

6. Routinary searches usually made at the border or at ports of entry in the interest of national security and for the proper enforcement of customs and immigration laws.

THE END

THANK YOU..

Prepared by:LEIZEL A. DESPI BSED 2C