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1987 PHILIPPINE CONSTITUTION •Requisites for valid search warrant or

ARTICLE 3, SECTION 2 warrant of arrest


1. It must be issued upon probable cause;
2. The probable cause must be determined
•Article 3, Section 2.
personally by the judge himself;
The right of the people to be secure in their
3. Such determination of the existence of
persons, houses, papers, and effects against
probable cause must be made after
unreasonable searches and seizures of
examination by the judge of the complainant
whatever nature and for any purpose shall be
and the witnesses he may produce.
inviolable, and no search warrant or warrant of
arrest shall be issue except upon probable
•Meaning of probable cause
cause to be determined personally by the
- Facts and circumstances antecedent to the
judge after examination under oath or
issuance of a warrant sufficient in themselves
affirmation of the complainant and the
to induce a cautious man to rely upon them
witnesses he may produce, and particularly
and act in pursuance thereof.
describing the place to be search and the
- It presupposes the introduction of competent
persons or things to be seized.
proof that party against whom a warrant is
sought to be issued has performed particular
•Meaning of search warrant
acts, or committed specific omissions, violating
It is an order in writing, issued in the name of
a given provision of our criminal laws.
the People of the Philippines, signed by a
judge and directing to a peace officers,
•Sufficiency of affidavit upon which warrant
Commanding him to search for a certain
is based
property and bring it before the court.
1. Test of sufficiency affidavit.
-Application sworn to;
•Meaning of warrant of arrest
-affiant made his own personal
Command to arrest a person designated, i.e.,
investigation;
to take him to custody in order that he may be
- testified in his own knowledge
bound to answer for the commission of an
*The affidavit of the affiant was
offense.
considered sufficient for he could be liable for
perjury if the facts turned out to be not as
•Scope of the protection
stated under oath.
1. Person-The protection applies to everybody,
to citizens as well as aliens in the Philippines,
2. Basis of affidavit- It must be based on
whether accused of crime or not.
personal knowledge or information. It is
Corporations are also entitled to the
insufficient if it is based on mere information
protection.
from other people, or belief, or on mere
2. Houses-The protection is not limited to
hearsay
dwelling houses but extends to a garage,
warehouse, shop, store, office, and even a
•Sufficiency of description
safety deposit vault.
1. Place-A description of the place to be
It does not extend, however, to the open
searched is sufficient if the officer with search
spaces and fields belonging to one.
warrant can, with reasonable effort, ascertain
3. Papers and effect-They include sealed
and identify the place intended
letters and package in the email which may be
Example: building No. 123 Rizal Avenue,
opened and examined only in pursuance of a
Manila
valid search warrant.
2. Person- A warrant of arrest for the
apprehension of an unnamed party upon whom
it is to be served is void except in those cases •When arrest be made without warrant
where it contains a description of the person or 1. When, in the presence of a peace officer,
such as will enable the officer to identify the the person to be arrested has committed, is
accused actually committing, or is attempting to commit
Example: an offense;
John Doe had gambling apparatus in his 2. When an offense has in fact just been
possession in the building occupied by him at committed and has personal knowledge of
124 Calle Arzobispo, City of Manila. facts indicating that the person to be arrested
has committed it.
3. Property-The description of the property is 3. When the person to be arrested is a prisoner
required to be specific only in so far as the who have escaped from the penal
circumstances will ordinarily allow. establishment or temporarily confined while his
-It has been held that where by the case is pending, or has escaped while being
nature of the property to be seized, the transferred from one confinement to another.
description must be rather general.

•Right against unreasonable search and


1987 PHILIPPINE CONSTITUTION
seizure
1. Proper Party to invoke right- It can only be ARTICLE 3, SECTION 3
contested by the party whose personal rights
were involved. •Section 3.(1) The privacy of communication
2. Right subject to waiver- Search and seizure and correspondence shall be inviolable except
without warrant cannot be reasonable if there upon lawful order of the court, or when public
is a consent by the Party involved. safety or order requires otherwise as
prescribed by law
•When search and seizure may be made • (2) Any evidence obtained in violation of
without warrant this or the preceding section shall be
1. Where there is consent or waiver; inadmissible for any purpose in any
2. Where search is an incident to a lawful proceeding.
arrest;
3. Where, without a search warrant, the •Meaning of right to privacy
possession of articles prohibited by law is • Defined as the right to be left alone.
disclosed to a plain view or is open to eye and • The Right of the person to be free from
hand; undesired publicity, or disclosure.
4. In case of contraband or forfeited goods • The Right to live without unwarranted
being transported by ship, automobiles, or interference by the public in matters with which
other vehicles, where the officer making it has public is not necessarily concerned.
reasonable cause for believing that the latter Private Citizen vs. Public Figure
contains them, in view of the difficult attendant
to securing a search warrant. •Basis and purpose of the right
5. As an incident of inspection, supervision and •1. Right existing in the state of nature
regulation in the exercise of police power such -Equate with the right to live
as inspection of restaurant by health officers, of 2. Right designed to secure enjoyment of one’s
factories by labor inspectors, etc. private life.
6. Routinely searches usually made at the *Celebrity
border or at port of entry in the interest of
national security and of the proper enforcement
of customs and immigration laws.
•Privacy Relationship with right against •Evidence illegally obtained
unreasonable searches and seizures 1. Inadmissible-Any evidence obtained in
violation of the Right against unreasonable
1. Aspect of right to be secure in one’s person search and seizure and the right to privacy and
• The right of privacy compliments or communication and correspondence shall not
implements the security of the citizen against be accepted in any judicial and administrative
unreasonable searches and seizures. proceedings
• Security in Malls or schools
• Police Checkpoint 2. Reason
-”The fruit of a poisonous tree doctrine”
2. Privacy of communication and - if the source (tree) of the evidence is
correspondence tainted then anything gained ( the fruit) from it
• Right to privacy is tainted as well.
• Cover all intrusions or arbitrary
interference into the private affairs of persons. -Crime cannot be solved by another
• Persons, Houses, papers or effects crime.
•Illustration :
• A telephone conversation between two 3.Right of the owner
(2) drug pushers secretly recorded by police -The owner of the record or article
officers by tapping its wire without a court order seized be returned to him.
is not acceptable as evidence in the court due -Unless those things are in themselves
to the privacy of communication enshrined in prohibited or forbidden by law such as illegal
the Philippine Constitution. drugs, unlicensed firearms, etc.

•Limitations on the right of privacy of


communications
1. Permissible interference
a. Upon lawful order of the court
-Requirements for the issuance
of search warrant
b. When Public Safety or order requires
otherwise a prescribe by the law
-Right to privacy is subject to
Police power of the state

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