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ARRESTvSEARCH&SEIZURES
A:seizureofperson.takingofpersonincustody.
SS: search may followarrestbut search must be incident tolawful
arrest
A: PC, judge must have sufficient facts in his hands that willshow
thatacrimehasbeencommittedandapersoncommittedit
SS:PC,factstoshowthatparticularthingisconnectedwithacrime
isfoundinaspecificlocation
A: Judge not necessarily required to make personal examination
beforeissuingWA
SS:Judgemustpersonallyexaminethecomplainantandwitnesses
hemayproduceindetPC
A:Arrestbemadeanydayandatanytimeofday/night.
SS: Generally served in day time unless there be adirection inthe
warrantthatitmaybeservedatanytimeoftheday/night
JohnDoewarrantdoesnotnameatheperson,subjectofthesame.
The particularity is designed to prevent general exploratory
searched which reasonable interfere with a persons right to
privacy.
Sec.8.Searchofhouse,room,orpremisestobemadeinpresenceof
twowitnesses. No search of ahouse,room,oranyotherpremisesshall
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
sufficientageanddiscretionresidinginthesamelocality.
Sec. 11. Receipt for the property seized. The officer seizing the
propertyunder thewarrant must give adetailedreceiptforthesametothe
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 sufficient age and discretion
residingin thesame locality,leave areceiptin theplaceinwhichhefound
theseizedproperty.
seized to the judge who issued the warrant, together with atrue inventory
thereofdulyverifiedunderoath.
(b) Ten (10)days after issuance ofthesearchwarrant,theissuingjudge
shall ascertain ifthe returnhas beenmade, and ifnone,shallsummonthe
person to whomthe warrant was issued andrequire himto explainwhyno
return was made. If the return has been made, the judge shall ascertain
whether section 11 of this Rule has been complied with andshall require
that the propertyseizedbe delivered tohim.The judge shall seeto it that
subsection(a)hereofhasbeencompliedwith.
(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
dateofthereturn,theresult,andotheractionsofthejudge.
Aviolationofthissectionshallconstitutecontemptofcourt.
ExceptionstotheSWRequirements(WPVCCFEVI)
1. Warrantless arrest incidental to a lawful arrest (dangerous
weapons or anything whichmayhavebeenusedorconstitute
proofinthecommofanoffensewithoutasearchwarrant)
2. Seizure of evidence in plain view (within permissible area
within the latters reach or of his immediate control) (1) the
search of evidence has a prior justification 2) evidence inPV
is inadvertent [discovery not anticipated] 3) immediately
apparent)
3. Searchofmovingvehicle
4. Consentedwarrantlessarrest
5. Customssearch
6. Stopandfriskorterrysearches
7. Exigentandemergencycircumstances
8.
9.
Searchofvesselsandaircraft
Inspection of buildings and other premises for enf of fire
sanitaryandbldgregulation
RULE127PROVISIONALREMEDIESINCRIMINALCASES
Sec.2.Attachment.(ACCO)Whenthecivilactionisproperlyinstituted
inthecriminalactionasprovidedinRule111,theoffendedpartymayhave
the property of the accused attached assecurityforthesatisfactionofany
judgmentthatmayberecoveredfromtheaccusedinthefollowingcases:
(a)WhentheaccusedisabouttoabscondfromthePhilippines
(b) When the criminal action is based on a claim for money or property
embezzled or fraudulently misapplied or converted to the use of the
accused who is a public officer, officer of a corporation, attorney, factor,
broker, agentorclerk, inthe course of his employmentas such, orbyany
otherpersoninafiduciarycapacity,orforawillfulviolationofduty
(c) When the accused has concealed, removed, or disposed of his
property,orisabouttodosoand
(d)WhentheaccusedresidesoutsidethePhilippines.