SEARCH AND SEIZURE

RULE 126
REVISED RULES ON CRIMINAL PROCEDURE

Search and Seizure

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.

Section 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.
c. or any court within the judicial region where the warrant shall be
enforced.

However, if the criminal action has already been f il ed, the

application shall only be made in the court where the criminal
action is pending.
Section 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.

Section 4. Requisites for issuing search warrant . — A search

warrant shall not issue except upon probable cause in connection
with one specif ic offense to be determined personally by the judge
after examination under oath or af firmation 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)
Section 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)

Section 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)
Section 7. Right to break door or window to effect search . — The
of ficer, 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 a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding
him when unlawfully detained therein.

Section 8. Search of house, room, or premise to be made in presence

of two witnesses. — No search of a house, room, or any other premise
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.
Section 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)
Section 10. Validity of search warrant. — A search warrant shall
be valid for ten (10) days from its date. Thereafter it shall be
void.
Section 11. Receipt for the property seized . — The of fic er
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 suf ficient age and discretion residing in the same
locality, leave a receipt in the place in which he found the
seized property. (10a)
Section 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 complained 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.

Section 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.
Section 14. Motion to quash a search warrant or to suppress evidence; where to
f ile. — A motion to quash a search warrant and/or to suppress evidence obtained
thereby may be f iled 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 f iled
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 subsequent f il ed in
another court, the motion shall be resolved by the latter court. (n)

END OF RULE 126

CHECKPOINT

Authority to establish Check points:

Authority to establish checkpoints: - The establishment of
permanent checkpoint must always be authorized by the PNP and
mannered by uniformed PNP personnel assigned in the area.
Other units directly involved in an operation may establish mobile
checkpoints in coordination with the commander of the unit/station
in the area.
The PNP recently released a list of checkpoint
guidelines so that the general public may be informed
whether or not the police checkpoints in your area are
legitimate and following their standard operating
procedures. The advisory will also serve as a warning to
erring law enforcers and eliminate illegal checkpoints.

According to the PNP, the public advisory will help guide

motorists on how to deal with authorities at checkpoints
and ensure its implementation on proper searches and
seizures to avoid violation of human rights.
As the promotion of right-based policing becomes a focal point in the
agenda of the PNP leadership, the conduct of police or law
enforcement must be in compliance with human rights standard.”
Following are the rules on military/police checkpoints:

1. Checkpointmust be well-lighted, properly identified, and manned by uniformed

personnel.
2. Upon approach, slowdown, dim headlights, and turn on cabin lights. Never step
out of the vehicle.
3. Lock all doors. Only visual search is allowed.
4. Do not submit to a physical or body search.
5. You are not obliged to open glove compartment, trunk or bags.
6. Ordinary/Routine questions may be asked. Be courteous but firm with answers.
7. Assert your rights, have presence of mind and do not panic.
8. Keep your driver's license and car registration handy and within reach.
9. Be ready to use your cellphone at anytime. Speed Dial emergency number.
10. Report violations immediately. Your actions may save others.
Along with these guidelines the PNP and the Department of Justice,
initiated a joint reform of a "no tint" or "clear window" policy among
marked police vehicles and similar official vehicles to help boost
the confidence of the community on authorities. The policy
promotes accountability in governance and may also place an
inherent check on scalawags.
In some rare instances though the police are authorized to
conduct a thorough search of you and your vehicle if:
* They have a search warrant for you or your vehicle.
* They see suspicious objects or markings on you or your vehicle
such as weapons, illegal drugs or substances, broken
glasses/window on your vehicle, and other contrabands
that makes you or your car suspicious.
 * The police officers conducting the checkpoint have been given prior alarm
that you or your vehicle had been involved in a crime.
If ever you passed by a checkpoint and are required a thorough inspection of
you and your vehicle for the reasons mentioned above, make sure that you
inspect the warrant (if ever there is one presented) for its authenticity and
have a witness ready before you allow the police to do a search on you or your
vehicle.
Requirements:
a. Only mobile checkpoints are authorized and they shall be
established only in conjunctions with on going operations. Only
official and marked vehicles shall be used in establishing mobile
checkpoints.
b. Checkpoints may be established when there is a need to arrest a
criminal fugitive in justice.
c. The conduct of searches, seizures, and arrest in checkpoints
shall be done with civility and with due respect to innocent
passers-by, commuters or bystanders.
d. The areas where the checkpoints shall be established must be
properly lighted and legible and clear signs shall be exhibited to
show that searches are being conducted.
Requirements:
e. Enforcement officers manning the checkpoints shall be in proper
uniform at all time with the identification cards nameplates on.
f. Personnel manning checkpoints shall always be led by an officer
with the rank of police inspector at least.
g. Checkpoint personnel shall not mull, extort, or harass drivers,
passenger, traders etc.

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 Procedures to be followed when checkpoints are ignored:

The following shall be observed when checkpoints are ignored:

a. In the event that checkpoints/roadblocks are ignored and the
motorist/suspects bump the road block in an attempt to elude arrest
or avoid inspection, the team leader shall immediately contact
adjacent units to inform them of the situation and immediately
conduct dragnet operations, while those at the checkpoint shall
pursue the errant fleeing motorists.
b. Warning shot shall be discouraged due to confusion it may create fir
the driver and passengers of the vehicle. Megaphones or police
siren shall be used instead during the pursuit. The Plate number of
the vehicle shall be noted and given to other units in adjacent areas
to prevent the possibility that the vehicle may elude the pursuit
operation.
c. In the event that the occupants of the vehicle open fire in the
personnel manning the checkpoint reasonable force to overcome
the suspect’s aggression may be employed.
Limitation of Searches at Checkpoints:
Searches made at check or chokepoints shall be limited to visual
search and neither the vehicle not the occupants shall be subjected to
physical search. An extensive search may be allowed only if the officers
conducting the search have probable cause to believe that they would
f ind evidence pertaining to the commission of a crime in the vehicle to
be searched and there is no sufficient time to secure a valid warrant.
 RAID OPERATION
Any member of a Law enforcement organization must know the
technique of conducting raid. Raid is usually made after careful
investigation and when other method of accomplishing the mission is
not suitable. Whenever available, men experienced in conducting
police raids should be chosen as raid commanders.

What is Raid?
Raid – is a surprise invasion of a building or area. It is a small
scale attack in a limited territory. A raid must be legal, having its basis
in lawful process and conducted in a legal manner through search
warrant or warrant of arrest. Raid may be in pursuit of a person
reasonably believed to be guilty of a felony when it is known that the
felony has just been committed.
Purpose of a Raid
According to Roxas (2008), the following are the objectives of raid:
1. To effect apprehension.
2. To obtain evidence of illegal activity.
3. To recover stolen property.
Effectiveness of a Raid:

According to Roxas ( 2008), the effectiveness of raid depends on

the following;
1. Size of the raiding party
2. Surprises
3. Speed
4. Superiority of arms
5. Simplicity of plan and operation

Qualifications of Raid Team

1. Leadership ability 5. Experience
2. Good judgment 6. Discipline
3. Tactfulness 7. Steady nerves and mental stability
4. Coolness and stability
Composition of a Raiding Team
1. Raid Commander
2. Assistant Raid Commander
3. Covering or Surrounding party
4. Coin-in detail or entering party
5. In charge of raiding vehicle
6. In charge of rendering inoperative to the subject’s vehicle, if any
7. Recorder who should keep log of the raid, gather evidence., make
inventories and testify in court.
8. Photographer
Duties of covering or surrounding party
1. Covers the approach of going-in detail or entering party
2. Prevents the escape of criminals
3. Covers the entire area of the building
4. Neutralize fire of barricaded criminals

Duties of going-in detail or Entering Party

1. Call for the surrender of criminal
2. Effects arrests of criminals
3. Incapacitates and dislodge criminals
4. Search for pieces of evidence
Raid Operation
Coordination of individual efforts is an essential element in the
success of the raid. The raiding party should act as a Team. The
members of the teams must thoroughly understand the objectives of
the plan and the orders. Each man should hold his/her assigned
position until his/her orders are changed by the team leader. Before
leaving the headquarters to proceed to the target, the team leader
must conduct final briefing to his/her entire personnel.

.
Coordination with the local Station Commander
It is imperative that immediately before the service of a search
warrant the team leader should see to it that proper coordination is
made with the station commander having jurisdiction over the target
premises. The coordinating party is bound merely to relay that their
team is conducting an operation in their area. This gesture of
coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.
Don’ts in a Raid

The following should be avoided during the conduct of raid.

1. Don’t take unnecessary chances.
2. Don’t underestimate the ability or courage of the subjects.`
3. Don’t raid when not properly prepared.
4. Don’t endanger the lives of bystanders.
5. Don’t use raiders that are not well-acquainted with each other.
6. Don’t forget gas mask when employing tear gas.
7. Don’t make unnecessary rough on the subjects.
8. Don’t shoot to kill unless very imperative.
9. Don’t touch the evidence unless seen by witnesses, or by the owner
of occupant of the place.
How seizure is conducted in a raid operation

Seizure during raid operation shall be performed through the following

guidelines.
a. The following will be seized at the scene of the raid.
1. Weapons that maybe used against the raiding party.
2. Articles which might be used as a means of suicide.
3. Articles which might be used in escaping.
4. Articles which maybe used in the commission of the crime.
5. Proceeds or fruits of the crime.
b. Disposition of money and other valuable property.
1. Money should be counted and the serial number of bills
should be noted.
2. Valuables should be sealed a property envelope in the
presence of the arrested person/owner.
3. Property envelope should show a complete inventory of the
firearms.
4. The arrested person/owner should sign their names .
5. Raiding officer should sign their name on the outer part of the
envelope.

6. A receipt should be given to the arrested person/owner. However,

this is qualified by the decision of the Supreme Court declaring as
inadmissible in evidence the receipt for property seized, signed by the
accused, in case where more possession of the items seized is
punishable.
c. Disposition of articles not covered in search warrant.
1. If the articles are illicit or contraband, the same must
be seized.
2. Such articles may be used as evidence to prosecute
the person.
3. Non-contraband articles must be returned to the
owner or must not be seized in the first place.`

END OF RAID
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