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Case Consti
Case Consti
Section 2. The right to 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 witnesses he may produce, and particularly describing the place to be searched and the
persons or things to be seized.
1. Purpose of Section 2
2. Scope of the Protection
(7) People v. Marti, 193 SCRA 57
3. Requisites for a Valid Warrant
A. Probable Cause
II. Who Determines Probable Cause?
(7) People v. CA, GR 126005, Jan 21, 1999
III. Kind of Evidence Needed to Establish Probable Cause
C. Personal Examination (After Examination Under Oath or Affirmation the Complainant and the
Witnesses He May Produce)
D. Particularity of Description
(7) Corro v. Lising 137 SCRA 541
iv. Consent/Waiver
Requisites:
1.It must appear that the right exists.
2. The person involved had knowledge, either actual or constructive, of the existence of the right.
3. The person had actual intention to relinquish the right.
v. Customs Search
(7) Papa v. Mago, 22 SCRA 857
v. Customs Search
(7) Papa v. Mago, 22 SCRA 857