Search and Seizure- effected by virtue of search warrant.Search Warrant- an order of writing issued in the name of the People of the Philippines.

1.Existence of probable cause2.Probable cause to be determined by a judge

3.Upon examination4.Stating with particularity the persons or things to be searched or seized

5.Embracing only one specific offense.

Search and Seizure without Search

warrant1.Customs Searches

-done as routinary inspections on buildings, establishments and private properties.

2.Searches of Moving Vehicles-commonly known as searches in

checkpoints.

4.Consent Searches-are searches that are made by law

enforcement agents based on consent of the person whose property they wish to search.

3.Seizure of Evidence in Plain View-known as the Plain View Doctrine.

5.Searches Incidental to Lawful Arrest-searches and seizures conducted

during lawful arrests may it be done through a warrant of arrest or a warrantless arrest is a valid search and seizure.

6.Stop and Frisk- -was defined as the vernacular designation or the right of a police officer to stop a citizen on the street, interrogate him and pat him for weapons.

Right to Privacy of Communication and

CorrespondenceArticle III Section 3:

The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Miranda Rights and the Right against Torture and

Solitary ConfinementArticle III Section 12 (1):

Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

Article III Section 12 (2):

No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

Right against Torture and Solitary Confinement

TORTURE-results in when an accused is

subjected to any physical harm, threat of harm, force, intimidation, fraud or anything that vitiates his freewill in order to extract from him confession for a commission of an offense.

Article III Section 17:

No person shall be compelled to be a witness against himself.

The Right against Self-Incrimination

Article III Section 11:

Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Right to Free Access to Courts and to the Free

Legal Assistance

Article III Section 13:

All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.

Right to Bail

BAIL- the security given for the release of a

person in custody of the law, furnished by him or a bondsman, conditioned upon his appearance before any court as may be required.BAIL AS A MATTER OF RIGHT

- when the penalty for the offense charged is not reclusion perpetua, life imprisonment or death.

Amount of Bail must be Reasonable -the amount of bail must not be

excessive and must be reasonable.

BAIL AS A MATTER OF DISCRETION-the right to bail cannot be automatically

granted by the court if the penalty for the offense charged is reclusion perpetua, life imprisonment or death.

Article III Section 14 (1):

No person shall be held to answer for a criminal offense without due process of law.

The Rights of an Accused during Trial

1.Right to Criminal Due Process

Criminal due process is restricted only to criminal prosecutions and purely to their procedural requirements.

Article III Section 14 (2):

In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witness face to face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused: Provided that he has been duly notified and his failure to appear is unjustifiable.

2.Right to Presumption of InnocenceAn accused must always be presumed to

be innocent until the contrary is proven through the careful observance of criminal due process. 3.Right to be Heard by Himself and Counsel

-an elementary rule of due process.-the accused must be given the

chance to explain himself in open court and must be able to intelligently defend himself.

4.Right to be Informed of the Nature and Cause of the Accusation against the Accused

In order for an accused to truly defend himself in open court, he must fully appreciate and understand the nature and causes of the accusations against him.

TRIAL IN ABSENTIA-an accused will escape during the trial

of his case or will not appear during the hearings.

5.Right to Speedy, Impartial and Public Trial

-goal of trial is not speed alone.-the right to an impartial trial

demands a trial that is free from any prejudice or bias.

-publicity of the trial is also warranted.

6.Right to Confrontation-right to meet the witness face

to face.

7.Right to Compulsory Process-to secure the attendance of

witnesses and the production of evidence in his behalf.