1. A search warrant is required for police to search a home without consent, to protect against unreasonable searches.
2. For a warrant to be valid, it requires probable cause determined by a judge based on sworn testimony, must particularly describe the place and things to be seized, and there must be reason to believe evidence of a crime will be found.
3. Probable cause refers to facts that would lead a reasonable person to believe a crime occurred and evidence will be in the place to be searched.
4. Routine checkpoints and inspections are allowed in exceptional circumstances if there is a grave risk to public safety, but more thorough searches require probable cause.
1. A search warrant is required for police to search a home without consent, to protect against unreasonable searches.
2. For a warrant to be valid, it requires probable cause determined by a judge based on sworn testimony, must particularly describe the place and things to be seized, and there must be reason to believe evidence of a crime will be found.
3. Probable cause refers to facts that would lead a reasonable person to believe a crime occurred and evidence will be in the place to be searched.
4. Routine checkpoints and inspections are allowed in exceptional circumstances if there is a grave risk to public safety, but more thorough searches require probable cause.
1. A search warrant is required for police to search a home without consent, to protect against unreasonable searches.
2. For a warrant to be valid, it requires probable cause determined by a judge based on sworn testimony, must particularly describe the place and things to be seized, and there must be reason to believe evidence of a crime will be found.
3. Probable cause refers to facts that would lead a reasonable person to believe a crime occurred and evidence will be in the place to be searched.
4. Routine checkpoints and inspections are allowed in exceptional circumstances if there is a grave risk to public safety, but more thorough searches require probable cause.
Guide To Filing A Criminal Case In The If you are not the victim but you are acting on disprove
acting on disprove your accusations, to which you may
Philippines the victim’s behalf, make sure the respond with a Reply-Affidavit. documentation of the injury is as detailed as possible. The OCP or OPP will then determine if there’s If you’re a victim of a crime, you can find solace in sufficient ground to pursue a case against the knowing that you can seek and receive justice If harm was done to your property, photographs respondent. If they believe there’s none, the under Philippine law. of the damage and of the scene are essential. In case will be dismissed. If they do find sufficient all cases, try to find as many witnesses as ground, they will file a resolution and The road to justice is not always easy, however. Any possible and get their contact information for information with the proper court. person accused of a crime has the fundamental future use. right to be presumed innocent until proven guilty 6. Await Judge’s Resolution. The judge to whose beyond reasonable doubt. It thus falls on you as the 3. Seek a Lawyer’s Help. In seeking justice, you will court the case was brought will then investigate accuser to take the necessary steps that will help need the services of qualified attorney, and the the merits of the case and resolve to either establish the offender’s guilt. earlier you can call on one, the better. Your dismiss the case or bring it to trial. If the judge lawyer will guide and assist you in gathering and decides for a trial, he/she will issue a warrant of To help you avoid mistakes that could be preserving evidence. arrest for the respondent (this time he/she will detrimental to your quest for justice, here’s a step- be called an accused). by-step guide to filing a criminal case in the (insert PAO services) Philippines. The judge may allow bail, depending on the 4. File a Complaint. A complaint needs to be filed nature and gravity of the case, which would 1. Report the Crime. The first step in taking legal with the Office of the City Prosecutor (OCP) or grant the accused temporary freedom while the action is to report the crime to the proper Office of the Provincial Prosecutor (OPP), where trial is in progress. authorities, typically to officials of the barangay the incident took place. Your lawyer will draft the where the incident happened, or to the police. Complaint-Affidavit, which will include the 7. Go Through the Trial. Criminal acts are The barangay officials or the police will generate details of the incident along with your evidences, considered offenses against the state, and a “blotter” which will serve as an important your personal information, and information on therefore, criminal cases are handled by state piece of evidence in your case. the offender. prosecutors or fiscals. However, private lawyers, particularly those you choose, may assist state 2. Document Injuries and Damages. If harm was 5. Cooperate with the Preliminary Investigation. prosecutors who are often too burdened with done to your person, it’s important to The OCP or OPP will then conduct a preliminary numerous cases to give adequate attention to immediately seek treatment, perhaps even investigation to determine if your complaint has each one. before you report the crime to the authorities. sufficient merit, that is, if there’s enough evidence to show that a crime has been Throughout the proceedings, your lawyer will be No matter how difficult, try to document your committed and that the respondent person is around to guide you and provide you with the injuries. Photographs, along with the doctor’s “probably guilty” of the crime. information you need in making your decisions, report, will greatly help prove your case later on. while working within the system to help you Don’t delay seeking medical attention as any In the course of the preliminary investigation, achieve a just resolution of your case. time lapse could negatively affect your case’s the respondent may issue a Counter-Affidavit to credibility. FAQ ON SEARCH WARRANTS to search for personal property and bring it checkpoints are not illegal per se. Thus, under before the court. [Alvarez vs. Court of First exceptional circumstances, as where the When a policeman knocks on your door and Instance of Tayabas, G.R. No. 45358, 29 survival of organized government is on the wants to search your house, will you let him in? January 1937] balance, or where the lives and safety of the If you are standing in a street, can a policeman people are in grave peril, checkpoints may be just search through your belongings? The 2. Requisites of a valid search warrant. The allowed and installed by the government. answer is no, unless he is armed with a search requisites are: Routine inspection and a few questions do not warrant. a. There must be probable cause; constitute unreasonable searches. If the b. The probable cause must be determined inspection becomes more thorough to the extent No less than Art. III, Section 2 of the Constitution personally by a judge; of becoming a search, this can be done when holds inviolable our rights to be secure in our c. It must be issued after examination, there is deemed to be probable cause. In the persons, houses, papers and effects against under oath or affirmation, of the latter situation, it is justifiable as a warrantless unreasonable searches and seizures. Thus, complainant and the witnesses he may search of a moving vehicle. subject to certain exceptions, we cannot be produce; subjected to search by police authorities in the d. The warrant must particularly describe For as long as the vehicle is neither searched absence of a search warrant. To know more the place to be searched and the nor its occupants subjected to a body search, about search warrants, read on. persons or things to be seized and the inspection of the vehicle is limited to a visual search, said routine checks cannot be Search warrants are governed by Art. III, Sec. 2 3. What is probable cause? Probable cause regarded as violative of an individual’s right of the Constitution which provides: refers to such facts and circumstances which against unreasonable search. [Valmonte v. would lead a reasonably discreet and prudent General de Villa, G.R. No. 83988, 24 May 1990] Section 2. The right of the people to be secure in man to believe that an offense has been their persons, houses, papers, and effects committed and that the objects sought in 6. Is it required that the property to be searched against unreasonable searches and seizures of connection with the offense are in the place should be owned by the person against whom whatever nature and for any purpose shall be sought to be searched. the search warrant is directed? No. In Burgos, inviolable, and no search warrant or warrant of Sr. v. Chief of Staff, AFP [133 SCRA 800], the arrest shall issue except upon probable cause to 4. What are the properties which may be seized Supreme Court enunciated that it is sufficient be determined personally by the judge after under a search warrant? that the property is under the control or examination under oath or affirmation of the The properties subject of seizure under Rule possession of the person sought to be searched. complainant and the witnesses he may produce, 126, Sec. 2 of the Rules of Court are: and particularly describing the place to be a. Subject of the offense; 7. Should the address in the search warrant searched and the persons or things to be b. Stolen or embezzled property and other fruits match the actual place to be searched? Yes, the seized. or proceeds of the offense; and address in the search warrant must match the c. Property used or intended to be used as a actual place to be searched. In People vs. Court 1. What is a search warrant? A search warrant means for the commission of an offense. of Appeals [ 291 SCRA 400], the Supreme Court is an order in writing, issued in the name of ruled that the place to be searched, as set out in the People of the Philippine Islands, signed 5. When are checkpoints allowed? the warrant, cannot be amplified or modified by by a judge or a justice of the peace, and In the case of Valmonte vs. De Villa, the the officers’ own personal knowledge of the directed to a peace officer, commanding him Supreme Court had the occasion to rule that premises, or the evidence they adduced in support of their application for the warrant. The 9. If the security guard in a mall wants to open particularization of the description of the place my bag and check the inside thereof, isn’t there to be searched may properly be done only by the a violation of my right against unreasonable Judge, and only in the warrant itself; it cannot be search? No, there is no violation of your right. left to the discretion of the police officers Private search is not covered by the conducting the search. constitutional guarantee. In the case of People vs. Marti [193 SCRA 57], the Supreme Court 8. What are the instances when a search may be ratiocinated that in the absence of made without a warrant? The following governmental interference, the constitutional instances allow a search without a warrant: right against unreasonable search and seizure cannot invoked against the State. The protection a. When there is a valid waiver of the right against unreasonable search and seizure cannot be extended to acts committed by b. Where the search is incidental to a valid private individuals so as to bring it within the arrest ambit of alleged unlawful intrusion by the government. c. Where the prohibited articles are in plain view. An example of such situation is when a policeman is chasing a criminal and during the said chase, the policeman stumbled upon a drug den where drugs and paraphernalia were scattered around.
d. In Stop and frisk situations or pursuant to a
Terry Search. In the US case of Terry vs. Ohio, a Terry Search has been defined as the right of a police officer to stop a citizen on the street, interrogate him and pat him for weapons whenever he observes unusual conduct which leads him to conclude that criminal activity may be afoot.
e. Search of moving vehicles
f. Enforcement of immigration and customs law
g. Search under exigent and emergency
measures IF YOU'RE ARRESTED OR DETAINED, Ask for the identity and authority of the they insist on taking you with them, their acts arresting officer become tantamount to an arrest. KNOW THESE RIGHTS. Be promptly brought before a judge and be "entitled to a trial within a reasonable time" This is different from custodial investigation, The 1987 Constitution guarantees that no Filipino or to be entitled to release subject to where you are taken into police custody for shall be deprived of life, liberty, or property without guarantees to appear for trial interrogation because you are "considered a due process of law. Demand physical examination by an suspect, and therefore are being investigated as independent and competent doctor of your a potential accused in a criminal case," said As long as a citizen abides by the law, he or she choice before and after interrogation, as Manuel. "Usually, custodial investigation follows should not be in trouble. stated in Republic Act 9745 or the Anti- warrantless arrest." Torture Act Article III, Section 12 of the 1987 Constitution (also "In short, if the invitation [for questioning] is not known as the Bill of Rights) states that any person A manual on law enforcement for citizens really an invitation but more of a deprivation of under investigation for the commission of a crime or prepared by the Philippine National Police, in liberty, it becomes equivalent to custodial offense "shall have the right to be informed of his fact, says that prior to release or any change of investigation," he added. right to remain silent and to have competent and custody, "you will...be physically examined." independent counsel preferably of his own choice." Warrantless arrest Lawyer Marlon Manuel of the Alternative Law Authorities may conduct a warrantless arrest, If you can't afford a lawyer, the state will provide you Groups, a coalition of legal resource non- but only on the following grounds: with one. governmental organizations, said that physical When the person to be arrested has examination is already part of the police's committed, is actually committing, or is The right to remain silent is emphasized because booking procedures immediately after an arrest. attempting to commit an offense in the any statement you give can be used against you in presence of an arresting officer court. The Free Legal Assistance Group (FLAG), in its When an offense has just been committed primer on human rights, also recommends that and the arresting officer has probable cause Likewise, it is your right to call or have access to a you stay calm, not resist arrest or offer any (based on personal knowledge of facts and lawyer at all times throughout the ordeal of arrest or physical resistance, and ask a relative, friend or circumstance) to believe that the person to detention. even anybody to witness the arrest. Make sure be arrested has committed a crime to get the witness' name and address. When the person has escaped These rights cannot be waived "except in writing and in prison/detention, or escaped while being the presence of counsel," says the Constitution. FLAG also suggests you ask the arresting officer transferred to another facility where you will be brought, and be accompanied More rights by the witness of your arrest. Do not agree to be If you're arrested without a warrant, you can only blindfolded. be detained for: If you're being arrested you should know these 12 hours, for light offenses, which are additional rights: If authorities invite you for questioning, say you punishable by light penalties Know the reason for your arrest at the time will first consult your lawyer, who will arrange a 18 hours, for less grave offenses, of your arrest via an arrest warrant, which date, time, and place for your questioning. If punishable by correctional penalties you should ask for 36 hours, for grave offenses, punishable by RA 7438 defines a person's immediate family as capital penalties "his or her spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or As a general rule, inquest proceedings – where grandchild, uncle or aunt, nephew or niece, and a civilian prosecutor determines the legality of guardian or ward." an arrest – are included in these time periods. Illegal acts During detention The following acts are illegal, according to the If you are arrested or detained, you are entitled Bill of Rights of the Constitution: to the following rights, according to FLAG: Unreasonable searches and seizures Be treated as a human being Use of torture, force, violence, threat, Due process, including being informed of intimidation, or any other means which written regulations in the detention center, vitiate or impair the free will and not being subjected to harsh, excessive Use of secret detention places, solitary, or inhuman punishment such as corporal incommunicado, or other similar forms of punishment or solitary confinement detention Receive visits from family, friends, and Use of a confession or admission obtained in lawyers violation of Article III, Section 17 of the Practice your religion Constitution, which says, "No person shall be Adequate food, clothing, and healthful compelled to be a witness against himself" accommodations Detention solely by reason of his political Be furnished with or to procure reading or beliefs and aspirations writing materials Involuntary servitude in any form (except as Be kept separate from convicts serving a punishment for a crime whereof the party sentence shall have been duly convicted) Speedy, impartial, and public trial, as Imposition of excessive fines likewise provided by the Constitution Infliction of cruel, degrading or inhuman punishment According to Republic Act 7438, a person Imprisonment for debt or non-payment of a arrested, detained or under custodial poll tax investigation shall be allowed visits by: Any member of his/her immediate family A doctor/priest/religious minister chosen by him/her, the immediate family or by his/her counsel Any nongovernmental organization accredited by the Commission on Human Rights (for national NGOs) or the Office of the President (for international NGOs)