1.

What is illegal search and seizure? (Sec (3) Article IV of Constitution)

The Constitutional provision The right of the people to be secure in their houses, papers & effects against unreasonable searches and seizure of whatever nature and for any purpose shall not be violated and no search warrant shall issue except upon PROBABLE CAUSE, to be determined by the judge or such other responsible officer as may be authorized by law, after examination under oath or affirmation of the complainant and the witnesses he may produce & particularly describing the place to be searched & the person or things to be seizure. The purpose of this is to prevent violation of the private security of the home by officers to the law acting under legislative or judicial sanction and give remedy against such usurpation; 2. What is a search warrant & what grounds for its issuance.

A search warrant is an order in writing, issued in the name of the People of the Philippines signed by a judge or a responsible officer authorized by law and directed to a PEACE OFFICER, commanding him to search for personal property and bring it before the court It may be issued and bring it before the court a. When the property is subject of the offense b. When the property was stolen or embezzled c. When it was used or when the interest to used it, as a means of committing a felony 3. What are the requisite for the issuance of a VALID search warrant a. That the petition by written of which it was issued must be UNDER OATH b. That it must described in detail not only the place but also the person and things which is the object of the search, unless by the nature of the

object sought to be searched, a general description would be sufficient. c. That there is a probable cause; and d. The affidavit in support of the petition for its issuance must be based upon personal knowledge and not on more reference or hearsay (People is Sy Juco 64 Phil 667) 4. WHAT IS PROBABLE CAUSE it simply means that sufficient facts must be presented to the judge issuing the warrant to convince him not that the particular person has committed the crime but that there is a probable cause for believing that the person whose arrest is sought might have committed the crime charged. The function of determining the probable cause is only quasi-judicial and can be delegated to a FISCAL. The preliminary inquiry into the facts conducted by a prosecuting attorney and upon which he filed a sworn information against the

accused, is a sufficient compliance with the constitutional provision. 5. WHEN MAY SEARCH BE MADE WITHOUT A SEARCH WARRANT? a. When the search is made the consent of the owner of the house b. When it is INCIDENTAL to an arrest c. When the search is made in accordance with the police power of the state such as the enforcement of a sanitary rule or regulations or the enforcement of internal revenue or harbor regulation 6. WHEN IS SEARCH INCIDENTAL TO AN ARREST? SEARCH INCIDENTAL TO AN ARREST (a) when it is based on a lawful arrest (2) when search is made simultaneously with an arrest or immediately after the arrest (3) when the search is made in the place where the arrest is made. 7. REPUBLIC ACT 42 prohibits the possession of firearms and accessories. Its mere possession constitute a crime. When an individual possesses a

contraband, he has committed a crime and maybe detained without a warrant of arrest not only by an agent of authority but also by a private individual and his contraband maybe seized without necessity of a search warrant. 8. WHAT IS THE MEANING AND SCOPE OF THE TERM DUE PROCESS OF LAW It is the law which hears before it condemns, which proceeds upon inquiry, and renders judgement only after trial. Due process does not necessanly mean or require a hearing in People VS Suntay G.R. No. L-9430- June 29, 1957) 9. WHAT IS THE PURPOSE OF THIS PRESUMPTION OF INNOCENCE? This is founded on the principle of justice and is intended not to protect the guilty but to present as far as human agencies can, the conviction of an innocent person. 10. ASSAULT AND BATTERY It is both or tort and a crime. An assault may be committed with physical contact or some sort of bodily injury or offensive touching.

11. APPREHEND to take hold of, whether with the mind (as to conceive, believe, fear, dread, understand, be conscious or sensible of) or actually and bodily (arrest or sieze a person) 12. ARREST is to deprive a person of his liberty by legal authority Taking, under real or assumed authority, custody of another for the purpose of holding or detaining him/her to answer a CRIMINAL CHARGE OR CIVIL DEMAND. It involves the authority for arrest, the assertion of that authority with the intent to effect an arrest, and the restraint of the person to be arrested. All that is required for a ARREST is some act by officer, NO FORMAL DECLARATION OF ARREST IS REQUIRED, it is also called Booking, Citizens arrest (or posse comitatus) custodial arrest, STATED IN BARANGAY 179 - AMPAROS OPERATIONAL PROCEDURE OF MIRANDA DOCTRINE OR PRINCIPLE

You have the right to remain silent anything that you say can and will be used against you in the court of law and you have the right to an attorney-at-law. This should be read as the situation allows since the arresting officer should secure himself, and the one being arrested first. Before this Miranda Doctrine is read to the SUSPECT it means that the arresting officer should have already restrained the suspect and is sure that the arresting officer and the SUSPECT are in safe condition or free from threats before reciting or reading the suspects right.

MANUEL M. ONDE Administrative Assistant 02 02 12