Brgy Hulo Lecture Arrest

Lesson 2.
10 Arrest Search and Seizure
ARREST, SEARCH and SEIZURE
Criminal Investigation Course (CIC)

Learning Objective:
At the end of the lecture, the attendees are expected to know the following:
1. What is arrest, search and seizure

2. Instances when arrest without warrant is lawful
3. Who are authorized to issue warrants of arrest
4. Requisites for the issuance of a search warrant
5. Validity of a search warrant
6. Objects which may be the subject of a search warrant
7. Instances of valid warrantless search
LEGAL BASIS:
1. 1987 Philippine Constitution
The right 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 a Judge, after examination under oath or
affirmation of the complainant and the witnesses he may
produce, particularly describing the place to be searched,
and the persons or things to be seized. [Sec. 2, Art. III Of The
1987 Philippine Constitution]
LEGAL BASIS:
2. Revised Rules of Criminal Procedure
Rule 113 of the Revised Rules of Court provides
the definition of arrest, instances when arrest
without warrant is lawful, guidelines on how to effect
arrest and the duty of the arresting officer.
LEGAL BASIS:
3. Supreme Court Decisions
Scope of protection:
 Available to all persons, including aliens whether
accused of a crime or not. Artificial persons are also
entitled to the guarantee, although they may be
required to open their books of accounts for
examination by the estate in the exercise of their
taxing and police powers.
Definition of Terms:
A. Arrest
Definition: It is the taking of a person into custody in order that
he may be bound to answer for the commission of an
offense..
- It is made by an actual restraint of a person to be arrested, or
by his/her submission to the custody of the person making
the arrest. The person arrested shall not be subjected to a
greater restraint than is necessary for his detention. An
arrest may be made on any day and at anytime of the day
or night. (Sections 1, 2 and 3, Rule 113 of the Revised Rules
of Court)
Kinds of Arrest
• Arrest with Warrant

• Warrantless Arrest/ Citizen’s Arrest
Definition of Terms:
B. Warrant of Arrest:
• It is an order in writing, issued in the name of
the People of the Philippines, signed by the judge and
directed to a peace officer, commanding him/her to
arrest a person designated and take him into custody
of the law in order that he/she may be bound to
answer for the commission of an offense.
Lesson 2.10 Arrest Search and Seizure

RULES:
I. Right is personal and may only be invoked by the
person entitled to it.
II. Right may be invoked only against government and
its agencies tasked with law enforcement. Right may
not be invoked against private individuals.
• In Pp vs. Marti, 193 SCRA 57, the husband of the owner of
a forwarding agency, following the SOP, opened the boxes for
final inspection. From that inspection and owing to his curiosity,
he took several grams thereof. He brought the samples to the
NBI. The NBI agents went back with him and in the presence of
this agents, he totally opened all the four wrapped packages. It
turned out that they were Marijuana flowering tops.
Q. Are the marijuana tops admissible in evidence?
A. YES, the constitutional protection against
unreasonable searches and seizures refers to immunity
of one’s person from interference by the government. It
cannot be extended to acts committed by private
individuals. Merely to observe and look at that which is
plain in sight is not a search.
RULES:
Q. When is the proper time to raise objection to the
validity of the warrant?
A. It must be made before entry of plea.
In (Pp vs. Robles, June 8, 2000), the SC ruled
that the failure to do so constitutes a waiver against
unlawful restraint of liberty.
APPRAISAL OF RIGHTS
(MIRANDA DOCTRINE)

Miranda Doctrine
You are arrested for the crime of
_________(or by virtue of Warrant of
Arrest, showing him the warrant as it
is practicable) You have the right to
remain silent. Any statement you make may
be used against you in any court
of law in the Philippines.

Miranda Doctrine cont……..
You have the right to have a

competent and independent counsel
preferably of your own choice. If you
cannot afford the services of a counsel, the
government will provide you one. Do you
understand these rights?” states the
Miranda Warning.

Miranda Doctrine cont……..

“You have the right to demand physical
examination by an independent and
competent doctor of your choice. If you
cannot afford the services of a doctor, the
state shall provide one for you” states
the Anti-Torture Warning.

Miranda Doctrine (Tagalog)

Ikaw ay inaaresto sa salang _________ (o
sa pamamagitan ng kautusan ng pag- aresto,
ipakita ito kung nararapat). Ikaw ay may
Karapatang manahimik o magsawalang kibo.
Anuman ang iyong sabihin ay maaring gamitin
pabor o laban sa iyo sa anumang hukuman.
Ikaw ay mayroon Ding karapatang kumuha ng

Miranda Doctrine (Tagalog) cont…
tagapagtanggol na iyong pinili at kung wala

kang kakayahan, ito ay ipagkakaloob sa iyo
ng pamahalaan. Nauunawaan mo ba ito?

APPRAISAL OF RIGHTS
Miranda v. Arizona, 384 U.S.436 (1966), was

a landmark decision of the United States
Supreme Court. In a 5–4 majority, the Court held
that both inculpatory and exculpatory statements
made in response to interrogation by
a defendant in police custody will be admissible
at trial only.

APPRAISAL OF RIGHTS
if the prosecution can show that the
defendant was informed of the right to
consult with an attorney before and during
questioning and of the right against self-incrimination
before police questioning, and that the defendant
not only understood these rights, but voluntarily
waived them.

APPRAISAL OF RIGHTS
 PNP police officers conducting arrest shall recite
the “Miranda Doctrine” and Anti-Torture
Warning” as human rights advocate.
 Failure to recite the “Miranda” and “Anti-Torture”

Warning lead to the dismissal of the case
against the suspect and filling administrative
case for the arresting Police Officer.
Criminal Investigation Course(CIC)

GROUNDS FOR WARRANTLESS

ARREST

RULE 113 SECTION 5 OF THE REVISED

RULES OF THE CRIMINAL PROCEDURE
A peace officer or a private person may,
without a warrant, arrest a person:
1. When, in his presence, the person to be

arrested has committed, is actually committing,
or is attempting to commit an offense;

Requisites for a valid in flagrante arrest:
1. The person to be arrested must execute an
overt act indicating that he had just committed, is
actually committing, or is attempting to commit a
crime; and.
2. Such overt act is done in the presence or
within the view of the arresting officer. (Pp. vs. Molina,
G.R. No. 133917, reiterated in Pp. vs. Sy Chua, G.R. No.
136066-67 and in Pp. vs. Tudtud, G.R. No. 144037)
Note: “reliable information” alone is not sufficient to
constitute probable cause to justify arrest.
Warrantless Arrest, When Valid?
i. When a police officer sees the offense,
although at a distance, or hears the disturbances
created by thereby, and proceeds at once to the scene
thereof, he may effect arrest without a warrant. The
offense is deemed committed in the presence of or
within the view of the officer.(Pp. vs. Sucro, 195)
ii. The arrest of the accused inside his house
following hot pursuit of the person who committed the
offense in flagrante was held valid.(Pp. vs. De Lara,
September 5, 1994)

2. When an offense has just been committed

and he has probable cause to believe,
based on personal knowledge of facts or
circumstances, that the person to be arrested
has committed it;
3. Where the accused released on bail attempts
to leave the country without court
permission;

Requisites for a valid arrest under paragraph B:
1. an offense has just been committed, and
2. the person making the arrest has probable
cause to believe, based on his personal knowledge of
facts or of other circumstances, that the person to be
arrested had committed it.
Hence, there must be a large measure of
immediacy between the time the offense is committed
and the time of the arrest. (Reviewer in Political Law,
Antonio B. Nachura, 2006 ed.)
Jurisprudence on paragraph B:
1. After the policemen had stationed themselves
at possible exits, they saw the fast approaching vehicle,
its plate number, and the dented hood and railings
thereof. These formed part of the arresting officer’s
personal knowledge of the fact that Padilla’s vehicle
was the one involved in the incident. (Robin Padilla vs.
CA, G.R. No. 121017, March 12, 1997)
Thus it was held that there was a valid arrest, as
there was neither supervening event or considerable
lapse of time between the hit-and-run and the
apprehension.
Jurisprudence on paragraph B:
2. Six days after the shooting, as the petitioner
presented himself before the San Juan Police Station to
verify news that he was being hunted, the police
detained him because an eyewitness had positively
identified him as the gunman. The Court held that there
was no valid arrest, it cannot be considered as within
the meaning of “the offense had just been committed”
inasmuch as six days had already elapsed, neither did
the police had personal knowledge of facts that Go shot
Maguan. (Go vs. CA, 206 SCRA 138)
RULE 113 SECTION 5 OF THE

REVISED RULES OF THE CRIMINAL
PROCEDURE
4. Violation of conditional pardon, punishable under
Article 159 of the Revised Penal Code as a case
of evasion of service of sentence;
5. Arrest following a Deportation Proceeding by the

Immigration Commissioner against illegal and
undesirable aliens.


6. When the person to be arrested is a prisoner

who has escaped from a penal establishment or
place where he is serving final judgment or
temporarily confined while his case is pending, or
has escaped while being transferred from one
confinement area to another;

AUTHORITY OF THE ARRESTING

OFFICER WHEN MAKING AN
ARREST
Police officer may summon assistance

A police officer making a lawful
arrest may verbally summon as many
persons as he deems necessary to
assist him in effecting the arrest.

RIGHT OF A POLICE OFFICER

TO BREAKINTO BUILDING
OR ENCLOSURE
A police officer in order to make an
arrest, with or without warrant, may break
into a building or enclosure where the person
to be arrested is or is reasonably believed
to be, if he is refused admittance thereto
after announcing his authority and purpose.

RIGHT TO BREAK OUT FROM

BUILDING OR ENCLOSURE
Whenever a police officer has entered the

building or enclosure to make an arrest, he
may break out there from, when necessary,
to liberate himself.

ARREST AFTER ESCAPE OR RESCUE
If a person lawfully arrested escapes or is

rescued, any person may immediately pursue
to retake him without a warrant at anytime
and in any place within the Philippines.

PROCEDURES IN EFFECTING WARRANTLESS

ARREST
• Freeze or restrain the suspect/s;

• Make proper introduction as to identity and
authority to arrest;
• Inform the arrested person of the circumstances
of his arrest and recite to him the Miranda
Warning;

PROCEDURES IN EFFECTING
WARRANTLESS ARREST
• Conduct thorough search for weapons and

other illegal materials;
• As a general rule, no unnecessary forces shall
be used in making an arrest;
• Confiscated evidence shall be properly
documented;
• Bring the arrested person to the Police Station
for further investigation and disposition.

SERVICE OF WARRANT

SERVICE OF WARRANT
The head of the office to whom

the warrant of arrest has been delivered
for implementation shall cause the warrant to
be implemented within ten (10) days from
receipt. Within ten (10) days after the expiration
of such period, the police officer to
whom it was assigned for implementation shall

SERVICE OF WARRANT
make a report to the judge who

issued the warrant and in case of
his failure to implement the same, shall
state the reasons thereof.

THE FOLLOWING ARE IMMUNE

FROM ARREST:
 A Senator or Member of the House

of the
Representatives while Congress is in
session for an offense punishable by not
more than six years of imprisonment.
 Diplomatic Agents, Under the Vienna

Convention on Diplomatic Relations.

SERVING A WARRANT OF
ARREST
 Verify the validity of the warrant and
request for an authenticated copy from the
issuing court;
 Make a manifestation of authority against

the person to be arrested;

SERVING A WARRANT OF ARREST
 If refused entry, the police officer may

break into any residence, office, building, and
other structure where the person to be
arrested is in or is reasonably believed
to be in, after announcing his purpose;

 The police officer need not have a

copy of the warrant in his possession at
the time of the arrest. If the person arrested
so requires, the warrant shall be shown to
the arrested person as soon as possible;

 Secure the person to be arrested and use

handcuffs for the protection of the arresting
officer, other individuals or the arrested
person himself;

 Conduct thorough search for weapons and other

illegal materials on the person arrested and
surroundings within his immediate control;
 Inform the person to be arrested of his rights

under the law (i.e. Miranda Warning and Anti
torture Warning);

 No unnecessary force shall be used in

making an arrest;
 Confiscated evidence shall be properly

documented with the chain of custody of
evidence duly and clearly established;
 Bring the arrested person to the Police

Station for documentation;

SERVING A WARRANT OF
ARREST
 Make a Return of Warrant to the court of
origin (Annex “B” - Return of Warrant
Form); and
 Deliver the arrested person to jail/prison

upon the issuance of a commitment order
of the court.



APPLICATION OF SEARCH
WARRANT

DEFINITION OF TERMS
Search - means examination of a person's body,
property or other area which the person
would reasonably be expected to consider as
private by a law enforcement officer for
finding evidence of a crime.

DEFINITION OF TERMS
Seizure - is the act of taking by

legal process or force, such as the
seizure of evidence found at the scene
of a crime.

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 described therin and bring it before
the court.

REQUISITES FOR THE ISSUANCE OF

SEARCH WARRANT
A search warrant shall be issued only

upon probable cause in connection with one
specific offense to be determined personally
by the judge after examination under oath
affirmation of the complainant and the
witnesses presented. or

REQUISITES FOR THE ISSUANCE OF

SEARCH WARRANT
The search warrant shall particularly describe the

place to be searched and the things
to be seized which may be anywhere
in the Philippines.

THE FOLLOWING PROPERTIES

MAY BE THE OBJECTS OF A
SEARCH WARRANT :
 Properties which are the subject of the offense;
 Stolen, embezzled proceeds, or fruits of the
offense; and
 Objects including weapons, equipment, and
other items used or intended to be used as
the means of committing an offense

THE FOLLOWING PROPERTIES MAY

BE THE OBJECTS OF A SEARCH
WARRANT
 Objects that are illegal per se, even if not
particularly described in the search warrant
may be seized under the plain view
doctrine.

All applications for Search Warrant shall be

approved for filing by the Chief of Office
● Office applying for the Search Warrant;

● Name of officer-applicant;
● Name of the subject, if known;
● Address/place(s) to be searched;
● Specific statement of things/articles to be
seized; and
● Sketch of the place to be searched.

The application shall indicate the following

data:
All approved applications shall be recorded in a

log book, duly maintained for the purpose,
indicating the name of the applicant name of the
respondent, nature of the offense, and date of the
application.

VALIDITY OF A SEARCH
WARRANT
● The warrant shall be valid for ten
(10) days from date of issuance and
may be served at any day within
the said period. Thereafter, it shall be
void.

WARRANT
● If, in the implementation of the search
warrant, its object or purpose cannot be
accomplished in one day, the search can
be continued the following day, or days,
until completed, provided it is still within
the ten (10)-day validity period of
the search warrant.

WARRANT
● If the object or purpose of the search warrant
cannot be accomplished within the ten
(10)-day validity period, the responsible police
officer conducting the search must file, before
the issuing court, an application for the
extension of the validity period of said search
warrant.

SAMPLE OF SEARCH
WARRANT

WARRANTLESS SEARCH
A search of someone's body or property

conducted by law enforcement personnel
without the issuance of a search warrant.

VALID SEARCH AND SEIZURES

WITHOUT SEARCH WARRANT
● Search made incidental to a valid arrest

A person lawfully arrested may be searched
for dangerous weapons or anything which may
be used or which may constitute proof
in the commission of an offense,


Search without a search warrant. The

warrantless search and seizure as an incident
to a lawful arrest may extend beyond the
person of the arrested to include the premises
or surroundings under his immediate control.


● Search of moving vehicles
If the police officers who will conduct the
reasonable or probable cause to believe, before
the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and
subjected to an extensive search.


● Seizure of evidence in plain view
Any object in the plain view is
subject to seizure and may be introduced
as evidence. Requirements under the Plain
View Doctrine are:

Seizure of evidence in plain view

-The police officer must have prior justification for an
intrusion or, otherwise, must be in a position from
which he can view a particular area;
-The discovery of the evidence in plain view is

unintentional; or
-It is immediately apparent to the police officer that

the item he observes may be evidence of a crime,
contraband, or is a valid subject of seizure.

● When there is waiver of the right

or there is consented search
to constitute a waiver of this constitutional right,

it must appear, first, that the right exists;
second, that the person involved had
knowledge, either actual or constructive, of the
existence of such right; that said person had an
actual intention to relinquish the right.

● Searches Under Stop and Frisk Rule
The police officer has the right to stop a citizen

on the street, interrogate him, and pat him for
weapons whenever he observes unusual conduct
which convinces him that a criminal activity
exists.

● Emergency and Exigent

Circumstances
A search warrant could be validly dispensed with

in cases of exigent and emergency situation, and
the police officers have reasonable grounds to
believe that a crime is being committed, and they
have no opportunity to apply for a search warrant
from the courts because the latter were closed.

●Tipped Information
If the police officers have reasonable grounds to

believe that the subjects are engaged in illegal
activities, the tipped information insufficient to
provide probable cause to effect a warrantless
search and seizure.

A warrantless search is allowed if the

officers had reasonable or probable cause to
believe before the search that either the
motorist is a law offender, or that
they did find the evidence pertaining to
the commission of a crime in the
vehicle to be searched.

Rule for checkpoints
is that the inspection of the vehicle should

be limited to a visual search. The vehicle
itself should not be searched, and its
occupants should not be subjected to a
body search.

SUMMARY
At the end of the lecture, the students should
be define the Arrest, Search, Seizure,
Miranda Doctrine, Search Warrant,
Warrantless Search. The Appraisal of rights
(Miranda Doctrine), Anti- Torture Warning,
Grounds for warrantless Arrest, Service of
Warrant, Serving a Warrant of Arrest,

SUMMARY
Application of Search Warrant, Warrantless
Search, Authority of the Arresting officer when
making arrest, Who are immune from Arrest,
Properties may be the object of a search
warrant, Validity of a search warrant, Valid
search and seizures without search warrant,
Seizure of prohibited articles in plain view.

END OF PRESENTATION

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Lesson 2.

10 Arrest Search and Seizure

ARREST, SEARCH and SEIZURE

Criminal Investigation Course (CIC)

1. What is arrest, search and seizure

• Arrest with Warrant

Criminal Investigation Course (CIC)

Criminal Investigation Course (CIC)

Criminal Investigation Course (CIC)

Miranda Doctrine cont……..

You have the right to have a

Criminal Investigation Course (CIC)

Miranda Doctrine cont……..

Criminal Investigation Course (CIC)

Miranda Doctrine (Tagalog)

Criminal Investigation Course (CIC)

Miranda Doctrine (Tagalog) cont…

tagapagtanggol na iyong pinili at kung wala

Criminal Investigation Course (CIC)

Miranda v. Arizona, 384 U.S.436 (1966), was

Criminal Investigation Course (CIC)

Criminal Investigation Course (CIC)

 Failure to recite the “Miranda” and “Anti-Torture”

Criminal Investigation Course(CIC)

GROUNDS FOR WARRANTLESS

Criminal Investigation Course (CIC)

RULE 113 SECTION 5 OF THE REVISED

1. When, in his presence, the person to be

Criminal Investigation Course (CIC)

RULE 113 SECTION 5 OF THE REVISED

2. When an offense has just been committed

Criminal Investigation Course (CIC)

RULE 113 SECTION 5 OF THE

5. Arrest following a Deportation Proceeding by the

Criminal Investigation Course (CIC)

RULE 113 SECTION 5 OF THE REVISED

6. When the person to be arrested is a prisoner

Criminal Investigation Course (CIC)

AUTHORITY OF THE ARRESTING

Police officer may summon assistance

Criminal Investigation Course (CIC)

RIGHT OF A POLICE OFFICER

Criminal Investigation Course (CIC)

RIGHT TO BREAK OUT FROM

Whenever a police officer has entered the

Criminal Investigation Course (CIC)

ARREST AFTER ESCAPE OR RESCUE

If a person lawfully arrested escapes or is

Criminal Investigation Course (CIC)

PROCEDURES IN EFFECTING WARRANTLESS

• Freeze or restrain the suspect/s;

Criminal Investigation Course (CIC)

• Conduct thorough search for weapons and

Criminal Investigation Course (CIC)

Criminal Investigation Course (CIC)

The head of the office to whom

Criminal Investigation Course (CIC)

make a report to the judge who

Criminal Investigation Course (CIC)