--------------------------------------------------------------------------------------------------------------------SEARCH WARRANT

---------------------------------------------------------------------------------------------------------------------

Art. III, Sec. 2 of the Philippine Constitution.

The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable 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.

1. A search warrant is an order in writing, issued in the name of the People of the
Philippine Islands, signed by a judge or a justice of the peace, and directed to a peace
officer, commanding him to search for personal property and bring it before the court.

2. Crime should exist first. In the issuance of search warrants, the Rules of Court requires
a finding of probable cause in connection with one specific offense to be determined
personally by the judge after examination of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the things to be seized.

3. The search warrant is valid for ten (10) days from date of issuance, and after which the
issuing judge should ascertain if the return has been made, and if there was none, should
summon the person to whom the warrant was issued and require him to explain why no
return was made.

4. If the return has been made, the judge should ascertain from the officer who seized the
property under the warrant if a detailed receipt of the property seized was left with the
lawful occupants of the premises in whose presence the search and seizure were made, or
in the absence of such occupants, whether he left a receipt in the place in which he found
the seized property in the presence of at least two witnesses of sufficient age and
discretion residing in the same locality, and should require that the property seized by
virtue of the warrant shall be delivered to the judge who issued the warrant.

5. The judge should see to it that an accurate and true inventory of the property seized duly
verified under oath is attached to the return and filed with the court

The requisites of a valid search warrant are:

a. There must be probable cause;
b. The probable cause must be determined personally by a judge;
c. It must be issued after examination, under oath or affirmation, of the complainant and the
witnesses he may produce;
d. It must particularly describe the things to be searched and seized;
The properties subject of the seizure are:
a. Subject of the offense;
b. Stolen or embezzled property and other fruits or proceeds of the offense; and
c. Property used or intended to be used as a means for the commission of an offense.
Instances when a search can be made without a warrant (warrantless arrest):
a. When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
b. 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;
c. 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;
d. Hot Pursuit;
e. When the right is voluntarily made;

f.
g.
h.
i.
j.
k.

Stop and frisk;

Where search is incidental to a valid arrest;
Where the prohibited articles are in plain view;
Enforcement of fishing, immigration and customs law;
Search of moving vehicles;
Inspection of buildings and other premises for the enforcement of fire, sanitary and
building regulations;
l. Search and seizure under exigent and emergency measures

--------------------------------------------------------------------------------------------------------------------ADMINISTRATIVE CIRCULAR NO. 13

GUIDELINES AND PROCEDURE IN THE ISSUANCE OF SEARCH WARRANTS
As a measure to better serve the public good and to facilitate the administration of justice, the
Court is prescribing hereunder the guidelines in the issuance of search warrants:
1. All applications for search warrants, if filed with the Executive Judge, shall be assigned,
by raffle, to a judge within his administrative area, under whose direction the search
warrant shall be issued for the search and seizure of personal property;
2.

After the application has been raffled and distributed to a Branch, the judge who is
assigned to conduct the examination of the complainant and witnesses should
immediately act on the same, considering that time element and possible leakage of
information are primary considerations in the issuance of search warrants and seizure;

3. Raffling shall be strictly enforced, except only in cases where an application for search
warrant may be filed directly with any judge in whose jurisdiction the place to be

searched is located, after office hours, or during Saturdays, Sundays, and legal holidays,
in which case the applicant is required to certify under oath the urgency of the issuance
thereof after office hours, or during Saturdays, Sundays and legal holidays;
4. If, in the implementation of the search warrant, properties are seized there under and the
corresponding case is filed in court, said case shall be distributed by raffle conformably
with Circular No. 7, dated September 23, 1974, of this Court, and thereupon tried and
decided by the judge to whom it has been assigned, and not necessarily by the judge who
is issued the search warrant.
5. New applications. - In order to insure maximum legitimate effect and give meaning and
substance to the constitutional guarantee on the security of every person, his house and
his effects, against unreasonable searches and seizures, the following procedure should be
strictly observed:
a. A warrant may be issued for the search and seizure of personal property - 1) subject
of the offense; 2) stolen or embezzled or are the proceeds or fruits of an offense; and,
3) used or intended to be used as the means of committing an offense;
b. A warrant shall not issue but upon probable cause in laid connection with one specific
offense to be determined by the judge or such other responsible officer authorized by
law after examination under oath or affirmation of the complainant and the witnesses
he may produce on facts personally known to them, and particularly describing the
place to be searched and the things to be seized so that they could be properly
identified;
c. The judge must, before issuing the warrant, personally examine in the form of
searching questions and answers, in writing and under oath, the complainant and any
witnesses he may produce and attach to the record their sworn statements together
with any affidavits submitted;
d. If the judge is thereupon satisfied of the existence of facts upon which the application
is based, or that there is probable cause to believe that they exist, he must issue the
warrant, which must be substantially in the form prescribed by the Rules;
e. Search warrants must be in duplicate, both signed by the judge. The duplicate copy
thereof must be given to the person against whom the warrant is issued and served.
Both copies of the warrant must indicate the date until when the warrant shall be valid
and must direct that it be served in the daytime. If the judge is satisfied that the
property is in the person or in the place ordered to be searched, a direction may be
inserted in the warrants that it be served at any time of the day or night;
f. In every court, there shall be a log under the custody of the Clerk of Court wherein
shall be entered within 24 hours after the issuance of the search warrant, the
following:

1) Date and number of the warrant;

2) Name of the issuing judge;
3) Name of the person against whom the warrant is issued;
4) Offense cited in the warrant; and
5) Name of the officer who applied for the warrant and his witnesses.
Each branch or branches of a court shall have a separate and distinct log book
from the log book kept by the other branches of the same court stationed in another city
or municipality;
g. The search warrant shall be valid for ten (10) days from date of issuance, and after
which the issuing judge should ascertain if the return has been made, and if there was
none, should summon the person to whom the warrant was issued and require him to
explain why no return was made. If the return has been made, the judge should ascertain
from the officer who seized the property under the warrant if a detailed receipt of the
property seized was left with the lawful occupants of the premises in whose presence the
search and seizure were made, or in the absence of such occupants, whether he left a
receipt in the place in which he found the seized property in the presence of at least two
witnesses of sufficient age and discretion residing in the same locality, and should require
that the property seized by virtue of the warrant shall be delivered to the judge who
issued the warrant. The judge should see to it that an accurate and true inventory of the
property seized duly verified under oath is attached to the return and filed with the court;
and
h. The return on the search warrant shall be filed and kept by the custodian of the log book
who shall also enter in the log book, the date of the return, the result, and such other
actions the judge may have taken thereon.