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".


   

Unreasonable Searches and Seizures

Unreasonable Searches and Seizures

      Section 2.  The rights 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.

Concept of Search Warrant 

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

   A search warrant may be issued for the search and seizure of personal property:

      a.) Subject of the offense;
      b.) Stolen or embezzled and other proceeds or fruits of the offense, and
      c.) Used or intended to be used as the means of committing an offense.

Concept of Search 

   Search is an examination of a man's house or other building or premises with a view to the discovery of contraband or illicit or stolen property or some evidence of guilt to be used in the prosecution of a criminal action for some crime or offense with which an accused is charged.

   This constitutional provision against unreasonable searches and seizure protects every person, whether natural or juridical.

   The Supreme Court in the case of US vs Arceo (3 Phil 381) ruled that one cannot just force his way into any man's house on the illegal orders of a superior, however lofty his rank. Indeed, even the humblest hovel is protected from official intrusion, because of the ancient rule, revered in all free regimes, that a man's house is his castle. It may be frail; its roof may shake; the wind may enter; the rain may enter. But the King of England may not enter. All the forces of the Crown dare not cross the threshold of the ruined tenement.

   A search or seizure contemplated under warrant of search and seizure is considered reasonable or legal:

   1.) When the search warrant conforms to the prescribed constitutional requirements therefor, namely, that it describes with definiteness and particularity the place to be searched and the things to be seized;
   2.) When the same was issued in accordance with prescribed constitutional requirements that there exist a probable cause, to be determined by the judge after examination of the complainant and the witnesses he may produce under oath or affirmation; and
   3.) When the warrant has not been issued for the sole purpose of searching for evidence to be used against the owner of the seized articles.

   The protection that this provision guarantees applies to citizens as well as aliens in the Philippines. The protection extended to one's house is not limited to dwelling houses. It also extends to a garage. It does not, however, extend to open spaces and fields. Telephone wires leading from the house are not considered as parts thereof for the purpose of this provision.

   The protection likewise extends to sealed letters, one's papers and effects and packages in the mails which may only be opened and examined under a valid search warrant. An exception  against this rule is when there is a lawful order of the court or when public safety and order require it. Censorship may then be established as a war measure. A warden may, under the prison's disciplinary rule, open letters written by a prisoner.