Module 3
Lesson title: Rule 126 of the
Rules of Court ( Search and
Seizure) And Rule 110 of the Rules
of Court ( Prosecution of Offenses)
Learning Targets: At the end of this module, you should
be able to:
1. Identify Search and Seizure
2. Discuss Prosecution of Offense
Search Warrant
A search warrant shall be issued only 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 presented.
The search warrant shall particularly describe the place
to be searched and the things to be seized which may be
anywhere in the Philippines.
a. The following properties may be the objects of
a search warrant:
(1) Properties which are the subject of the offense
(2) Stolen, embezzled proceeds, or fruits of the offense
(3) Objects including weapons, equipment, and other items
used or intended to be used as the means of
committing an offense.
b. Objects that are illegal perse, even if not
particularly described in the search warrant,
may be seized under the plain view doctrine.
VALIDITY OF SEARCH WARRANT
a. The warrant shall be valid for ten (10) days from date
of issuance and may be served at any day within the
said period. Thereafter, it shall be void.
b. Its object or purpose cannot be accomplished in one
day, the search can be continued the following day, or
days, until completed, provided it is still within the
ten (10)- day validity period of the search warrant.
c. If the object or purpose of the search
warrant cannot be accomplished within the
ten (10)-day validity period, the responsible
police officer conducting the search must file
before the issuing court, an application for the
extension of the validity period of said search
warrant.
TIME OF SEARCH
The warrant should be served during
daytime, unless there is a provision in
the warrant allowing service at any time
of the day or night.
APPLICATIONS FOR SEARCH WARRANT
All applications for Search Warrant shall be
approved for filing by the Chief of Officer. The
application shall indicate the following data:
a. Office applying for the Search Warrant
b. Name of officer-applicant
c. Name of the subject, if known
d. Address/place(s) to be searched
e. Specific statement of things/articles to be seized
f. Sketch of the place to be searched.
All approved applications shall be recorded in a log
book, duly maintained for the purpose, indicating
the name of the applicant, name of the respondent,
nature of the offense, and date of the application.
VALID SEARCH AND SEIZURES WITHOUT
SEARCH WARRANT
a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous
weapons or anything which may be used or which may
constitute proof in the commission of an offense, without a
search warrant.
The warrantless search and seizure as an incident to a lawful
arrest may extend beyond the person of the arrested to include
the premises or surroundings under his immediate control.
b. Search of moving vehicles
If the police officers who will conduct the search
have reasonable or probable cause to believe,
before the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and
subjected to an extensive search.
c. Seizure of evidence in plain view
Any object in the plain view is subject to seizure and may be
introduced as evidence. Requirements under the Plain View
Doctrine are:
(1) The police officer must have prior justification for an
intrusion or, otherwise, must be in a position from which he
can view a particular area;
(2) The discovery of the evidence in plain view is unintentional
(3) It is immediately apparent to the police officer that the item
he observes may be evidence of a crime, contraband, or is a
valid subject of seizure.
d. When there is waiver of the right or
there is consented search
To constitute a waiver of this constitutional right, it
must appear, first, that the right exists; second, that
the person involved had knowledge, either actual or
constructive, of the existence of such right; that said
person had an actual intention to relinquish the
right.
e. Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen
on the street, interrogate him, and pat him for
weapons whenever he observes unusual
conduct which convinces him that a criminal
activity exists.
f. Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in
cases of exigent and emergency situation, and the
police officers have reasonable grounds to believe
that a crime is being committed, and they have no
opportunity to apply for a search warrant from the
courts because the latter were closed.
g. Tipped Information
If the police officers have reasonable grounds
to believe that the subjects are engaged in
illegal activities, the tipped information is
sufficient to provide probable cause to effect a
warrantless search and seizure.
RULE 110 PROSECUTION OF OFFENSES
CRIMINAL ACTION - It is an action by which the State
prosecutes a person for an act or omission punishable by
law.
For offenses which require preliminary investigation:
- Preliminary investigation is required for offenses where
the penalty prescribed by law is at least 4 years, 2 months
and 1 day of imprisonment without regard to the fine
(Rule 112, Sec. 1, Par. 2).
For all other offenses, or for offenses which are
penalized by law with lower than at least 4 years, 2
months and 1 day without regard to the fine:
Instituted directly with the MTC and MCTC, or the
complaint is filed with the Office of the Prosecutor.
In Manila and other chartered cities, the complaint
shall be filed with the Office of the Prosecutor unless
otherwise provided in their charters.
NOTE: A complaint for offenses cognizable by the RTC is NOT
filed directly with the RTC either for purposes of preliminary
investigation or for commencement of the criminal
prosecution.
DOES NOT APPLY: To offenses subject to summary
procedure.
Effect of institution of the Criminal Action: The institution
of the criminal action interrupts the running of the period
of prescription of the offense charged.
UNLESS: otherwise provided in special laws.
Act No. 3323
governs the prescriptive periods of violations of special laws,
or offenses other than those penalized under the Revised
Penal Code.
NOTE: With respect to offenses penalized by special laws, the
filing of the complaint or information in court is the one that
interrupts the prescriptive period and not the filing of the
complaint in the proper office for purposes of conducting a
preliminary investigation.
The filing of a complaint for purposes of preliminary
investigation starts the prosecution process.
REQUISITES OF A COMPLAINT OR INFORMATION
1. in writing
2. in the name of the People of the Philippines
3. Against all persons who appear to be responsible for the
offense involved.
Who is the real offended party?
- The People of the Philippines, but since the crime is also an
outrage against the offended party, he is entitled to intervene
in its prosecution in cases where the civil action is impliedly
instituted therein.
What is preliminary Investigation?
Preliminary Investigation (Rule 112 Sec 1 par 1)
– is an inquiry or proceeding to determine
whether there is sufficient ground to engender
a well-founded belief that a crime has been
committed and the respondent is probably
guilty thereof, and should be held for trial.
What happens when a mistake has been made in charging
the proper offense?
A mistake has been made in charging the proper offense
and the accused cannot be convicted of the offense
charged or any other offense necessarily included
therein.
The accused shall not be discharged if there appears
good cause to detain him. In such case, the court shall
commit the accused to answer for the proper offense and
dismiss the original case upon the filing of the proper
information.
IDENTIFICATION
The search warrant should be served during ______,
unless there is a provision in the warrant allowing
service at any time of the day or night.
Daytime
It is an action by which the State prosecutes a person
for an act or omission punishable by law.
Criminal Action
Preliminary investigation is required for offenses where the
penalty prescribed by law is at least ______ of
imprisonment without regard to the fine.
4 years, 2 months and 1 day
If the police officers have reasonable grounds to believe
that the subjects are engaged in illegal activities, the
tipped information is sufficient to provide probable cause
to effect a warrantless search and seizure. Is the statement
a valid ground to conduct search and seizure?
Yes
The police officer has no right to stop a citizen on the
street, interrogate him, and pat him for weapons
whenever he observes unusual conduct which convinces
him that a criminal activity exists. This statement is:
False
What is the validity of search warrant?
within 10 days
It shall be issued only 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 presented. It should
also particularly describe the place to be searched
and the things to be seized which may be anywhere
in the Philippines.
Search warrant
Please answer Skill-building
Activities and Check for
Understanding
