Warrants

Warrants

   Only a judge may issue search warrant or warrant of arrest. This constitutional mandate is expressly provided for in Section 2 of Article III of the 1987 Constitution which is a verbatim reproduction of Article III, Section 3 of the 1935 Constitution, and Article IV, Section 3 of the 1973 Constitution. The difference lies in the insertion of the word "personally" after the word "determined"; the term warrants was used generally in the 1935 Constitution while the 1973 and 1987 Constitutions specify both search warrant and warrant of arrest; and the authority to issue such warrants given in the 1973 Constitution to "other responsible officer as may be authorized by law", in addition to the judge, has been deleted in the New Constitution.

Remedies Against Illegal Warrants

   Three remedies are well-recognized against violation of the provision on search warrant. These are: 

   1.) Prosecution of the erring officer criminally under the Penal Code instituted by the offended party;

   2.) Action for recovery of civil damages against the erring officer; and

   3.)Return of the thing seized to the respective owners unless the same are in themselves prohibited articles.

   Application of the return of the property illegally seized must be made within a reasonable time after the seizure. Whenever the application is proper and accordingly refused, unless the articles are prohibited by law, the same is a denial of the constitutional right of the accused.

   Evidence secured illegally in violation of the rule against unreasonable searches and seizures is inadmissible in evidence for any purpose in any proceedings pursuant to Section 3(2)Article III of the Constitution. After all, as laid down in a case, these articles are "fruits of the poisonous tree".