ARTICLE III

BILL OF RIGHTS
SECTION 2
RIGHTS AGAINST UNREASONABLE
ARREST, SEARCH AND SEIZURE.
ARTICLE III. SECTION 2 State that:

The right of the people to be secure in their

persons houses, papers, and effects against
unreasonable searches and seizure 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
affirmation of the complainant and the
witness he may produce, particularly
describing the place to be searched and the
person or things to be seized.
Probable Cause:

- It is the primary requirement for the

issuance of the warrant ;

- Such reasons, supported by facts and

circumstances, as will warrant a
cautious man in the belief that his
action and the means taken in
prosecuting it, are legally just and
proper;
Probable Cause for an Arrest:

Such facts and circumstances which would

lead a reasonably discreet and prudent
man to believe that an offense has been
committed by the person sought to be
arrested.
Probable Cause for a Search:

Such facts and circumstances which would

lead a reasonably discreet and prudent
man to believe that an offense has been
committed and that the objects sought in
connection with the offense are in the place
sought to be searched.
Scope of protection:
1. Persons- the protection applies to everybody,
to citizens as well as aliens in the Philippines,
whether accused of crime or not.

1. Houses- the protection is not limited to

dwelling houses but extend to a garage,
warehouse, shop, store, office, and even a
safety deposit vault.

1. Papers and effect- they include sealed letters

and packages in the mail.
Meaning of Search Warrant or 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 sized.
 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 hearsay.
Sufficiency of description.

1. Place- a description of the place to be searched is

sufficient if the offer with a search warrant can with
reasonable effort ascertain and identify the place
intended.

1. Person- as a rule, a warrant of arrest for the

apprehension of an unnamed party upon whom is to be
served is void except in those case where it contains a
description of the person or such as will enable the
officer to identify the caused.

1. Property- the description of the property is required to

be specific only in so far as the circumstances will
ordinarily allow.
 Rights 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 right were involved.

2. Rights 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 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.

1. 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.

1. When the person to be arrested is a prisoner who has

escaped from penal establishment or place where he is
serving final judgement 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 of waiver.

1. Where search is an incident to lawful arrest.

1. 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 letter contains them, in view
of 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
restaurant by health officers, of factories by labor
inspectors, etc. the same thing may be said of inspection of
books o 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.
THANK YOU…