Article 3 Section 2 (Warrant of arrest and search warrant)

Search and seizures are unreasonable unless authorized by a validly issues search warrant or warrant of arrest

General Rule for Section 2

Search Warrant

order in writing, issues in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for certain personal property and bring it before the court

Warrant of Arrest

order in writing issued by a judge to arrest a person or take him into custody to make him answer for an offense in violation of a law

probable cause, existence of probable cause must be determined personally by the judge, judge must examine under oath the complaint and the witnesses, warrant must particularly describe the place to be searched and person or things to be sized

Requisites for a valid search warrant and warrant of arrest

Probable cause (warrant of arrest)

such facts and circumstances which would lead a reasonably discreet and prudent man to believe than an offense has been committed by the person sought to be arrested.

Probable cause (search warrant)

refers to such facts and circumstances which would lead a reasonably discreet and prudent man to belive that an offense has been committed and that the objects sought in connection with the offecnse are in place to be searched

Determined personally by the judge

exclusive and personal responsibility of the issuing judge to satisfy himself ot he existence of probable cause

Under oath for affirmation of the complaint and witnesses

judge must examine under oath or affirmation, the complainant and the witnesses he may produce to determine the existence of probable cause

perjury

offense of willfully relling an untruth jn a court after having taken an oath or affirmation

Particularity of Description

description is as specific as the circumstances will ordinarily allow, description expresses a conclusion of fact, thing describe are limited to those which bear a direct relation to the offense

John Doe Warrant

satisfy the requirement of particularity of description which will enable the officer to identify the accused