Rule 126 Search and Seizure

Sec. 8. Search of house, room, or premises to be made in presence of two witness.No search of a house, room, or any other premises shall 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 witness of sufficient age and discretion residing in the
same locality.

Search must be conducted in the presence of witnesses

-lawful occupant of the place
-or any member of his family
-in the presence of two witness of sufficient age and discretion residing in the
same locality

Sec.9. Time of making search- The warrant must direct that it be served in the day
time, unless the affidavit asserts that the property is on the person or in the place
ordered to be searched, in which case a direction may be inserted that it be served
at any time of the day or night.

General Rule: a search warrant must be served in day time.

Exception: a search may be made at night when it is positively asserted in
the affidavit that the
property is on the person or in the place ordered to be searched.

Sec.14. Motion to Quash a search warrant or to suppress evidence; where to file- A

motion to quash a search warrant and or to suppress evidence obtained thereby
may be filed in and acted upon only by the court where the action has been
instituted. If no criminal action has been instituted, the motion may be filed in and
resolved by the court that issued the search warrant. However, if such court failed
to resolve the motion and a criminal case is subsequently filed in another court, the
motion shall be resolved by the latter court.