LECTURE ON

ARREST, SEARCH
AND SEIZURE AND
INQUEST
 CONSTITUTIONAL BASIS
Question : What are the Constitutional Basis of the Rights of the People against Unlawful
Arrest and Unlawful Search and Seizure?

Answer:
1. Sec. 1, Art. 3, 1987 Philippine Constitution:
“No person shall be deprived of life, liberty and property without due process of law, nor
shall any person be denied the equal protection of the laws.”

2. Sec. 2, Art. 3, 1987 Philippine Constitution:

“The right of the people to be secured in their persons, houses, papers and effects against
unreasonble 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.”
 ARREST: RULE 113, CRIMINAL
PROCEDURE
Q: What is arrest?
A: The taking of a person into custody in order that he may be bound to answer for the
commision of an offense (Sec.1).

Q: What are the modes of effecting arrest?

A: 1. By an actual restraint of the person to be arrested; and
2. By his submission to the person making the arrest. (Sec. 2)

Q: What are the modes of arrest?

A: 1. Arrest by virtue of a warrant; and
2. arrest without warrant.

Q: What are the objects/things that may be confiscated from the person arrested?
1. Objects subject of the offense or used or intended to be used in the commission
of the crime;
2. Objects which are the fruits of the crime;
3. Those which might be used by the arrested person to commit violence or to
escape;and
4. Dangerous weapons and those which may be used as evidence in the case.

Q: When can arrest be made?

A: On any day and at anytime of the day or night. (Sec. 6)

Q: When does a warrantless arrest lawful?

A: 1. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense; (Umil et al v. Ramos)

2. When an offense has just been committed and he has probable cause to
believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it (HOT PURSUIT); (Go v. CA) (People v.
Sucro)
 3. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement to another; (Sec. 5) (People v. Mengote)

4. Where a person who has been lawfully arrested escapes or is rescued; (Sec.
13)

5. Where a person jumps bail, by the bondsman for the purpose of

surrendering the accused (Sec. 23, Rule 114); and

6. Where the accused attempts to leave the country without permission of the
court. (Sec. 23, Rule 114)

Q: What are the methods of arrest? What are the exceptions?

A:1. Method of arrest of officer by virtue of warrant – he shall inform the person
to be arrested the cause of the arrest and the fact that the warrant has been
issued for his arrest;
Exceptions:
a. When the person to be arrested flees;
b. When he forcibly resists before the officer has an opportunityto
inform him; and
c. When the giving of such information will imperil the arrest.(Sec. 7)

2. Method of arrest by officer without warrant – he shall inform the

person to be arrested of his authority and the cause of the arrest
without a warrant; and
Exceptions:
a. When the person to be arrested is engaged in the commission of an
offense or is pursued immediately after its commission;
b. When he has escaped, flees, or forcibly resists before the officer has
an opportunity to so inform him; and
c. When the giving of such information will imperil the arrest. (Sec.8)

3. Method of arrest by private person – he shall inform the person to

be arrested of the intention to arrest and the cause of the arrest.
Exceptions: same as no. 2 (Sec. 9)
Q: Can an officer making the arrest summon for assistance?
A: Yes, an officer making a lawful arrest may orally summon as many persons
as he deems necessary to assist him in effecting the arrest. Every person
so summoned by an officer shall assist him in effecting the arrest when
he can render such assistance without detriment to himself. (Sec. 10)

Q: Can an officer making the arrest brake in or out of a building or enclosure?

A: Yes, provided the ff requisites exist:

1) the person to be arrested is or is reasonably believed to be in said
building;
2) he has announced his authority and purpose for entering therein; and
3) he has requested and been denied admittance. (Sec. 11)
 LECTURE ON SEARCH AND SEIZURE: RULE 126
CRIMINAL PROCEDURE
Q: What is a Search Warrant (SW)?
A: It is an order in writing issued in the name of the PP, 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. (Sec. 1)

Q: What is the nature of search warrants?

A: SWs are in the nature of criminal process and may be invoked only in furtherance of public
prosecutions. SWs have no relation to civil process or trials and are not available to
individuals in the course of civil proceedings, nor for the maintenance of any mere private
right.

Q: Where should the application for SW be filed?

A: Application for SW should filed with the ff:
a) any court within whose territorial jurisdiction a crime was committed;
 b) any court within the judicial region where the crime was committed if the place of the
cmmission of the crime is known, or any court within the judicial region where the warrant
shall be enforced; and
c) where the criminal action is pending if the criminal action has been filed. (Sec.2)

Q: What kinds of property can be seized?

A: a) subject of the offense;
b) stolen or embezzled or other proceeds or fruits of the offense; and
c) the means used or intended to be used for committing an offense. (Sec. 3)

Q: What are the requisites for issuing SW?

A: 1. must be issued upon probable cause;
PROBABLE CAUSE – facts and circumstances which could lead a reasonable, discreet and
prudent man to believe that the property subject of an offense are in the place sought to
be searched.
2. probable cause must be determined by the issuing judge personally;

3. the judge must have personally examined, in the form of searching questions and
answers, the applicant and his witnesses and taken down their written depositions;

4. the search warrant must particularly describe or identify the property to be seized
as far as the circumstances will ordinarily allow;

In the case of 20th Century Fox Film Corporation v. CA, the properties
sought to be seized were described as “Tv sets, video casette recorders, rewinders
and tape cleaners” without any specific indication that they were being used in
violating the Anti-Piracy Law.
In any case, only the articles particularly described in the warrant can be
seized, and no other property can be taken thereunder, unless it is prohibited by law.

Stone Hill v. Diokno, SC ruled that “the warrants authorized the search for
the seizure of records pertaining to all business transactions of petitioners regardless
whether the transactions were legal or illegal.”
5. the warrant issued must particularly describe the place to be searched and the
persons or things to be seized;

Ideally, the person sought to be seized should be identified by name. If

the warrant is issued without a name or with the name in blank, such that it can
be enforced against any person, it is unquestionably void. Thus, a warrant issued
against “John Doe or Richard Roe, whose other or true name is to your
complainant unknown” was held insufficent and Illegal. (Commonwealth v.
Crotty, 10 Allen (Mass.) 403)

But while a John Doe warrant is generally held not valid, it will satisfy
the constitutional requirement if there is some personal description that will
enable the officer to identify the accused. In People V. Veloso 48 Phil. 169, SC
rule that warrant was valid although issued against John Doe only where it was
shown that he was described as occupying and in control of a building at a
specified address.

While a description of a place to be searched is sufficient if the officer

with the warrant can, with reasonable effort, ascertain and identify the place
intended.
 6. It shall issue only for one specific purpose.

Q: What is the validity period of SW?

A: 10 days from its date, thereafter it shall be void.

Q: When may there be a search without warrant?

A: 1. In times of war within the area of military operation;

2. As an incident of a lawful arrest, subject to the ff requisites: (People v. Aminudin)
a) arrest must be lawful;
b) search and seizure must be simultaneous with arrest;
c) search must be within permissible area.
3. “Stop and Frisk” – search which allows a limited protective search of outer clothing for
weapons;
4. Plain View Doctrine – when there are prohibited articles open to eye and hand;
5. When it is incident to an inspection; (People v Malmstedt)
6. Under the Tariff and Customs Code for purposes of enforcing customs and tariff laws; and
7. searches and seizures of vessels and aircraft, this extends to the warrantless search of a
motor vehicle for contraband.
Q: What are the remedies available from an unlawful search?

A:1. A motion to quash the SW.

2. A motion to suppress evidence the objects illegally taken.
(EXCLUSIONARY RULE – any evidence obtained through
unreasonble searches and seizures shall be inadmissible for an
purpose in any proceeding)
3.Replevin, if the objects are legally possessed.

Q: Can the legality of SW be waived?

A: Yes, objection to the legality of the SW as to the admissibilty

of the evidence obtained are deemed waived where no
objection of the SW was raised during the trial of the case.
 LECTURE ON INQUEST
PROCEEDINGS
Q: What is the concept of inquest?

A: It is an informal and summary investigation conducted by a public prosecutor

in criminal cases involving persons arrested and detained without the
benefit of a warrant of arrest iisued by the court for the purpose of
detemining whether or not said persons should remain under custody and
correspondingly be charged in court.

Q: When does inquest commence? When terminated?

A: Inquest proceedings shall be considered commenced upon receipt by the

Inquest Officer from the law enforcers of the complaint/referral documents
which should include:
 a) the affidavit of arrest;
b) the investigation report;
c) the statement of the complainant and witnesses; and
d) other supporting evidence

Inquest proceedings must be terminated within the period prescribed under

the provisions of Article 125 of the RPC.

Q: What is the effect of incomplete documents submitted by law enforcers?

A: When the documents presented are not complete to establish probable

cause, the IO shall direct the law enforcers to submit the required evidence
within the period prescribed under Art. 125. Otherwise, IO shall order the
release of the detained person.
Q: Is the presence of detained person necessary?

A: The presence of detained person shall be ensured except:

1. if he is confined in a hospital;
2. if he is detained in a place under maximum security;
3. if production of the detained person will involve security risks; or
4. if the presence of the detained person is not feasible by reason
of age, health, sex, and other similar factors.

Q: What is the initial duty of Inquest Officer (IO)?

A: IO shall first determine if the arrest of detained person was made in

accordance with the rules on warrantless arrest.
Q: What is the effect if the IO finds that the arrest was not
properly effected:

A: IO shall recommend the release of the person arrested or

detained subject to the approval of the City or Provincial
Prosecutor.

Q:What is the effect if IO finds that the arrest was properly

effected?

A: The detained person shall be asked if he desires to avail of

himself of a preliminary investigation and, if he does, he shall
be made to execute a waiver of the provisions of Art. 125 with
the assistance of a lawyer. If he does not opt for a PI or
otherwise refuses to execute the waiver, IO shall proceed with
the inquest.
Q: What is the effect if IO finds probable cause?

A: IO shall forthwith prepare the corresponding

complaint/information with the recommendation that the same
be filed in court. It shall also indicate the offense committed and
the amount of bail recommended, if bailable, subject to the
approval of the City or Provincial Prosecutor .

Q: What is the effect if IO finds no probable cause?

A: IO shall recommend the release of the arrested or detained person

subject to the approval of the City or Provincial Prosecutor
 END OF LECTURE

Thank you and Good day!

 Instructions for use
20 EDIT IN GOOGLE SLIDES EDIT IN POWERPOINT®
Click on the button under the presentation Click on the button under the presentation
preview that says "Use as Google Slides preview that says "Download as PowerPoint
Theme". template". You will get a .pptx file that you can
edit in PowerPoint.
You will get a copy of this document on your
Google Drive and will be able to edit, add or Remember to download and install the fonts used
delete slides. in this presentation (you’ll find the links to the
font files needed in the Presentation design slide)
You have to be signed in to your Google
account.

More info on how to use this template at www.slidescarnival.com/help-use-presentation-template

This template is free to use under Creative Commons Attribution license. You can keep the Credits slide or
mention SlidesCarnival and other resources used in a slide footer.
 Hello!
I am Jayden Smith
I am here because I love to give presentations.
You can find me at @username

21
 “
Quotations are commonly
printed as a means of
inspiration and to invoke
philosophical thoughts from
the reader.

22
 1

Transition headline
Let’s start with the first set of slides
 This is a slide title
24
◈ Here you have a list of items
◈ And some text
◈ But remember not to overload your slides with
content
Your audience will listen to you or read the
content, but won’t do both.
 BIG CONCEPT
Bring the attention of your audience over a key concept
using icons or illustrations

25
 You can also split your content
26
White Black
Is the color of milk and Is the color of ebony and
fresh snow, the color of outer space. It has been
produced by the the symbolic color of
combination of all the elegance, solemnity and
colors of the visible authority.
spectrum.
 In two or three columns
27
Yellow Blue Red
Is the color of gold, Is the colour of the Is the color of blood,
butter and ripe clear sky and the and because of this it
lemons. In the deep sea. It is located has historically been
spectrum of visible between violet and associated with
light, yellow is found green on the optical sacrifice, danger and
between green and spectrum. courage.
orange.
 A picture is worth a thousand words
28
A complex idea can be
conveyed with just a
single still image,
namely making it
possible to absorb
large amounts of data
quickly.
Want big impact?
Use big image.

29
 Use diagrams to explain your ideas
30

Lorem Ipsum

Lorem Ipsum Lorem Ipsum

Lorem Ipsum Lorem Ipsum Lorem Ipsum Lorem Ipsum

 And tables to compare data
31

A B C

Yellow 10 20 7

Blue 30 15 10

Orange 5 24 16
 Maps

our office

32
 89,526,124
Whoa! That’s a big number, aren’t you proud?

33
 89,526,124$
That’s a lot of money

185,244 users
And a lot of users

100%
Total success!

34
 Our process is easy
35
Vestibulum congue
tempus
1
Lorem ipsum dolor sit amet,
consectetur adipiscing elit, sed do
eiusmod tempor. Donec facilisis
Vestibulum congue lacus eget mauris.
tempus
2
Lorem ipsum dolor sit amet,
consectetur adipiscing elit, sed do
eiusmod tempor. Donec facilisis Vestibulum congue
lacus eget mauris. tempus
3
Lorem ipsum dolor sit amet,
consectetur adipiscing elit, sed do
eiusmod tempor. Donec facilisis
lacus eget mauris.
 Let’s review some concepts
36
Yellow
Is the color of gold, butter and
ripe lemons. In the spectrum of
visible light, yellow is found
between green and orange.
Yellow
Is the color of gold, butter and
ripe lemons. In the spectrum of
visible light, yellow is found
between green and orange.
Blue
Is the colour of the clear sky and
the deep sea. It is located
between violet and green on the
optical spectrum.
Blue
Is the colour of the clear sky and
the deep sea. It is located
between violet and green on the
optical spectrum.
Red
Is the color of blood, and
because of this it has historically
been associated with sacrifice,
danger and courage.
Red
Is the color of blood, and
because of this it has historically
been associated with sacrifice,
danger and courage.
37

You can insert graphs from Google Sheets

37
38

Mobile project
Place your screenshot here Show and explain your web,
app or software projects using
these gadget templates.
39

Tablet project
Place your screenshot here Show and explain your web,
app or software projects using
these gadget templates.
40

Desktop project
Show and explain your
Place your screenshot here
web, app or software
projects using these
gadget templates.
 Thanks!
Any questions?
You can find me at @username & user@mail.me

41
 Credits
42
Special thanks to all the people who made and
released these awesome resources for free:
◈ Presentation template by SlidesCarnival
◈ Photographs by Unsplash
 Presentation design
43
This presentation uses the following typographies and colors:
◈ Titles: Tinos
◈ Body copy: Tinos
You can download the fonts on this page:
https://www.fontsquirrel.com/fonts/tinos

Dark gray #272a35 · Beige #e2d7d0 · Garnet #ad0b2d

You don’t need to keep this slide in your presentation. It’s only here to serve you as a design guide if you need
to create new slides or download the fonts to edit the presentation in PowerPoint®
 SlidesCarnival icons are editable shapes.

This means that you can:

◈ Resize them without losing quality.
◈ Change fill color and opacity.
◈ Change line color, width and style.
Isn’t that nice? :)

Examples:

44
Diagrams and infographics

45
 Now you can use any emoji as an icon!

😉
And of course it resizes without losing quality and you can change the color.

How? Follow Google instructions

https://twitter.com/googledocs/status/730087240156643328

✋👆👉👍👤👦👧👨👩👪💃🏃💑❤😂😉😋😒😭
👶😸🐟🍒🍔💣📌📖🔨🎃🎈🎨🏈🏰🌏🔌🔑 and many
more...

46
 Free templates for all your presentation needs

For PowerPoint and 100% free for personal or Ready to use, professional Blow your audience away
Google Slides commercial use and customizable with attractive visuals