Search Warrant and Warrant of Arrest

Reported by Philline Cuasito

Requisites of a valid warrant

• it must be issued upon "probable cause";
• probable cause must be determined personally by the judge;
• such judge must examine under oath or affirmation the complainant and the
witnesses he may produce; and
• the warrant must particularly describe the place to be searched and the persons
or things to be seize
Warrant of Arrest
Order directed to the peace officer to execute the warrant by taking the person stated
therein in to custody so that he may be bound to answer for the commission of the
offense.
When warrant of arrest may issue.
Rule 112 Section 6.
• If issued by the RTC, within ten (10) days from the filing of the complaint or
information, the judge shall personally evaluate the resolution of the prosecutor
and its supporting evidence.
• He may immediately dismiss the case if the evidence on record clearly fails to
establish probable cause.
• If he finds probable cause, he shall issue a warrant of arrest, or a commitment
order if the accused has already been arrested pursuant to a warrant issued
by the MTC judge who conducted the preliminary investigation or when
the complaint or information was filed pursuant to section 7 of this Rule.
• In case of doubt on the existence of probable cause, the judge may order the
prosecutor to present additional evidence within five (5) days from notice and
the issue must be resolved by the court within thirty (30) days from the filing of
the complaint of information.
• If the warrant of arrest is issued by the MTC and if the preliminary investigation
was conducted by the prosecutor, the same procedure as above is followed
Search Warrant
Order in writing in the name of the Republic of the Philippines signed by the judge and
directed to the peace officer to search personal property described therein and to bring
it to court. (Sec. 1, Rule 126, Rules of Court).
Requisites of a valid Search Warrant
• There must be probable cause in connection with one specific offense;
• The presence of probable cause is to be determined by the judge personally;
• The determination by the judge must be made after an examination under oath or
affirmation of the complainant and the witnesses he may produce;
• The warrant must specifically describe the place to be searched and the things to
be seized which may be anywhere in the Philippines(Sec. 4, Rule 126, Rules of
Court; Santos v. Pryce Gases, G.R. No. 165122, November 23,2007; People v.
Tuan, G.R. No. 176066, August 11,2010).
Where should an application for a search warrant be filed
It should be filed with the court within whose territorial jurisdiction the crime was
committed. For compelling reasons, any court within the judicial region where the crime
was committed if the place of the commission of the crime is known, or any court within
the judicial region where the warrant shall be enforced.
However, If the criminal action has been filed, the application shall only be made in the
court where the criminal action is pending.
In case of search warrant involving heinous crimes, illegal gambling, illegal possession
of firearms and ammunitions as well as violations of the Comprehensive Dangerous
Drugs Act of 2002, the Intellectual Property Code, the Anti- Money Laundering Act of
2001, the Tariff and Customs Code, the Executive judges and whenever they are on
official leave of absence or are not physically present in the station, the Vice- Judges of
RTCs of Manila and Quezon City shall have the authority to act on the application filed
by the NBI, PNP and the Anti- Crime Task Force (ACTAF).

Distinguish a warrant of arrest from a search warrant

Warrant of Arrest Search Warrant
Does not become stale. Validity is for 10 days only.
May be served on any day and at any To be served only in day time unless the
time of day or night affidavit alleges that the property is on the
person or in the place to be searched.
Searching examination of witnesses is Must personally conduct an examination
not necessary. of the complainant and the witnesses
Judge is merely called upon to examine Examination must be probing. Not
and evaluate the report of the prosecutor enough to merely adopt the questions
and the evidence and answers asked by a previous
investigator
Note: While it seems to appear that the constitution requires the judge to personally
examine the complainant and his witnesses under oath by asking searching questions,
Citing the leading case of Soliven v. Makasiar, G.R. Nos. L-82585, L-82827, November
14, 1988, the Court explained that this constitutional provision does not mandatorily
require the judge to personally examine the complainant and her witnesses. Instead, he
may opt to personally evaluate the report and supporting documents submitted by the
prosecutor or he may disregard the prosecutor's report and require the submission of
supporting affidavits of witnesses.