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PURPOSE OF ARRAIGNMENT AND PLEA (Rule 116) information or complaint.

The accused shall be arraigned within 10 days from


the date of raffle.
1. Double jeopardy to attach
2. Court can proceed trial in absentia in case accused absconds N.B:
1. Rearraignment needed for substitution
WHERE SHOULD THE ACCUSED BE ARRAIGNED? 2. Substantial amendment needs rearraignment but formal amendment
doesn’t
> The accused must be arraigned before the court where the complaint was
filed or assigned for trial
PRESENCE OF OFFENDED PARTY
1. Plea bargaining
HOW IS ARRAIGNMENT MADE? 2. Civil liability
Arraignment is made 3. Identification of accused
1. In open court
2. By the judge or clerk
3. By furnishing the accused with a copy of the complaint or information WHAT IF PRIVATE OFFENDED PARTY FAILED TO ATTEND DESPITE DUE
4. Reading it in the language or dialect known to him NOTICE?
5. Asking him whether he pleads guilty or not guilty
> The accused may be allowed by the court to plea guilty to a lesser offense which
is necessarily included in the offense charged with the conformity of the prosecutor
WHAT IS THE IMPORTANCE AND SIGNIFICANCE OF THE REQUIREMENT alone
UNDER SECTION 1(A)?
> It must be strictly complied with as it is intended to protect the CAN THE LAWYER OF THE ACCUSED ENTER THE PLEA FOR HIM?
constitutional right of the accused to be informed of the nature and cause of > No, the accused must enter the plea himself
the accusation against him
> The constitutional protection is part of due process WHAT IS THE IMPORTANCE OF ARRAIGNMENT?
> Failure to observe the rules necessarily nullifies the arraignment > Arraignment is the means for bringing the accused into court and
informing him of the nature and cause of the accusation against
X IS CHARGED WITH HOMICIDE. HE PLEADS GUILTY BUT him.
PRESENTS EVIDENCE TO ESTABLISH SELF-DEFENSE. WHAT > During arraignment, he is made fully aware of possible loss of freedom or
SHOULD THE COURT DO? of life. He is informed why the prosecuting arm of the State is mobilized against
him. It is necessary in order to fix the identity of the accused, to inform him of
> The court should withdraw the plea and enter a plea of not guilty the charge, and to him an opportunity to plead.

DURING THE ARRAIGNMENT, IS THE JUDGE DUTY-BOUND TO POINT


WHEN SHOULD THE ARRAIGNMENT BE HELD? OUT THAT AN INFORMATION IS DUPLICITOUS?
> The general rule is that the accused should be arraigned within 30 days from the > No, the judge has no obligation to point out that an information is
date the court acquires jurisdiction over the person of the accused. duplicitous or to point out any other defect in an information during arraignment
> The obligation to move to quash a defective information belongs to the accused,
> The time of pendency of a motion to quash or a bill of particulars whose failure to do so constitutes a waiver of the right to object
or other cause justifying suspension of the arraignment shall be excluded in
computing the period. X WAS TRIED FOR MURDER WITHOUT HAVING BEEN ARRAIGNED. AT THE
> However in the following cases, the accused should be arranged within a TRIAL, X’S COUNSEL PRESENTED WITNESSES AND CROSS-
shorter period, as required by law: EXAMINED THE PROSECUTION WITNESSES. IT WAS ONLY AFTER
1. Where the complainant is about to depart from the Philippines THE CASE WAS SUBMITTED FOR DECISION THAT X WAS
with no definite date of return, the accused should be arraigned without delay ARRAIGNED. X WAS CONVICTED. CAN X INVOKE THE FAILURE OF
and his trial should commence within 3 days from arraignment THE COURT TO ARRAIGN HIM BEFORE TRIAL FOR QUESTIONING THE
2. The trial of cases under the Child Abuse Act requires that the trial should be CONVICTION?
commenced within 3 days from arraignment
3. When the accused is under preventive detention, his case > No, the failure of the court to arraign X before trial was conducted
shall be raffled and its records transmitted to the judge to whom the case is didn’t prejudice the rights of X since he was able to present evidence and
raffled within 3 days from the filing of the
cross-examine the witnesses of the prosecution WHAT HAPPENS IF THE ACCUSED REFUSES TO ENTER ANY PLEA?
> The error was cured by the subsequent arraignment > The court may validly enter a plea of guilty for the accused who refuses to plead

IS THE ACCUSED PRESUMED TO HAVE BEEN ARRAIGNED IN THE WHAT IS PLEA BARGAINING? (Rule 116)
ABSENCE OF PROOF TO THE CONTRARY?
> It is the disposition of criminal charges by agreement between the prosecution and
> Yes the accused
> In view of the presumption of regularity in the performance of
official duties, it can be presumed that a person accused of a crime was > The accused and the prosecutor in a criminal case work out a
arraigned, in the absence of proof to the contrary mutually satisfactory disposition of the case subject to court approval
> However, the presumption of regularity is not applied when the penalty
imposed is death > It usually involves the defendant’s pleading guilty to a lesser
> When the life of a person is at stake, the court cannot presume offense or to only one or some of the counts of a multi-count indictment in
that there was an arraignment, it has to be sure that there was one return for a lighter sentence than that for the graver charge

> It is encouraged because it leads to prompt and final disposition of


IS THE ACCUSED ENTITLED TO KNOW IN ADVANCE THE NAMES OF ALL most criminal cases. It shortens the time between charge and
PROSECUTION WITNESSES? disposition and enhances whatever may be the rehabilitative prospects of the
> Under the same amended rules on pre-trial, this would be up to the trial guilty when they are ultimately imprisoned
judge’s discretion
WHEN IS PLEA BARGAINING NOT ALLOWED?
X WAS CHARGED WITH HOMICIDE. HE ENTERED A PLEA OF NOT
GUILTY. HE WAS LATER ALLOWED TO TESTIFY IN ORDER TO > It is not allowed under the Dangerous Drugs Act where the imposable
PROVE THE MITIGATING CIRCUMSTANCE OF INCOMPLETE SELF- penalty is reclusion perpetua to death.
DEFENSE. AT THE TRIAL, HE PRESENTED EVIDENCE TO PROVE
THAT HE ACTED IN COMPLETE SELF DEFENSE. THE COURT WHAT IF THERE IS A PLEA BARGAINING ARRIVED AT?
ACQUITTED HIM. LATER, X WAS AGAIN CHARGED WITH PHYSICAL
INJURIES. X INVOKED DOUBLE JEOPARDY. CAN X BE PROSECUTED AGAIN 1. Issue an order which contains the plea bargaining arrived at;
FOR PHYSICAL INJURIES?
> Yes. There was no double jeopardy. In order for double jeopardy to attach, 2. Proceed to receive evidence on the civil aspect of the case; and
there must have been a valid plea to the first offense.
> In this case, the presentation by X of evidence to prove self-defense had 3. Render and promulgate judgment of conviction, including the civil liability or
the effect of vacating the plea of guilt damages duly established by the evidence.
> When the plea of guilt was vacated, the court should have ordered
him to plead again, or at least should have directed that a new plea of not WHAT HAPPENS IF THERE WAS NO PLEA BARGAINING AGREEMENT? WHAT
guilty be entered for him WOULD THE COURT DO?
> Because the court didn’t do this, at the time of the acquittal, there was actually
no standing plea for X. 1. Adopt the minutes of preliminary conference as part of the pre-
> Since there was no valid plea, there can be no double jeopardy trial proceedings, confirm markings of exhibits or substituted
photocopies and admissions on the genuineness and due
execution of documents and list object and testimonial evidence;
CAN A PERSON WHO PLEADED GUILTY STILL BE ACQUITTED? 2
> Yes, when an accused pleads guilty, it doesn’t necessarily follow that he is
convicted . Scrutinize every allegation of the information and the statements
> Additional evidence independent of the guilty plea may be in the affidavits and other documents which form part of the
considered by the judge to ensure that the plea of guilt was intelligently made record of the preliminary investigation and other documents
> The totality of evidence should determine whether the accused should be identified and marked as exhibits in determining farther
convicted or acquitted admissions of facts, documents and in particular as to the following:

a. The identity of the accused;


b. Court's territorial jurisdiction relative to the offense/s charged;
WHAT IS A SEARCH WARRANT?
c. Qualification of expert witness/es;
> A search warrant is an order in writing issued in the name of the
d. Amount of damages;
People of the Philippines, signed by a judge and directed to a
e. Genuineness and due execution of documents;
peace officer, commanding him to search for personal property described
f. The cause of death or injury, in proper cases;
therein and bring it before the court.
g. Adoption of any evidence presented during the preliminary investigation;
WHAT IS THE CONCEPT OF A SEARCH WARRANT?
h. Disclosure of defenses of alibi, insanity, self-
defense, exercise of public authority and justifying or exempting circumstances;
and > It is a criminal process akin to a mode of discovery

> It is a special and peculiar remedy, which is drastic in nature


i. Such other matters that would limit the facts in issue.

3. Define factual and legal issues;

4. Ask parties to agree on the specific trial dates and adhere to the ARE SEARCH AND SEIZURES PROHIBITED UNDER THE CONSTITUTION?
flow chart determined by the court which shall contain the time
frames for the different stages of the proceeding up to
> No. The constitutional guarantee embodied in Article 3, Section 2 of the
promulgation of decision and use the time frame for each stage in setting the trial
dates; Constitution is not a blanket prohibition against all searches

5. Require the parties to submit to the Branch COC the names, and seizures as it operates only against unreasonable searches and seizures
addresses and contact numbers of witnesses that need to be summoned by
subpoena; and

6. Consider modification of order of trial if the accused admits the charge but WHEN IS THE SEARCH OR SEIZURE UNREASONABLE?
interposes a lawful defense.

> A search and seizure is unreasonable if it is made without a warrant, or

the warrant was invalidly issued.

> In all instances, what constitutes reasonable or unreasonable search or


SEARCH AND SEIZURE (Rule 126)
seizure is a purely judicial question determinable from a consideration of the

attendant circumstances.

Section 1. Search warrant defined. – A search warrant is an order


WHAT ARE THE THREE SITUATIONS WHEREIN THERE MUST BE FINDING
in writing issued in the name of the People of the Philippines, signed by a
OF PROBABLE CAUSE?
judge and directed to a peace officer, commanding him

to search for personal property described therein and bring it before the court. 1. Probable cause in filing of an information

> Facts and circumstances that would engender a well-

grounded belief that a crime has been committed and the person to be charged
is probably guilty thereof (a) Any court within whose territorial jurisdiction a crime was committed.
2. Probable cause in the issuance of a search warrant (b) For compelling reasons stated in the application, any court

> Facts and circumstances that would lead a reasonable within the judicial region where the crime was committed if the place of the

discreet and prudent man to believe that there has been a crime committed commission of the crime is known, or any court within the judicial region where the

and the things and objects connected to the crime committed are in the place to be warrant shall be enforced.

searched
3. Probable cause in the issuance of a warrant of arrest However, if the criminal action has already been filed, the

> Facts and circumstances that would engender a well- application shall only be made in the court where the criminal action is

grounded belief that a crime has been committed and the person to be arrested pending.

committed it

WHERE SHOULD ONE FILE AN APPLICATION FOR SEARCH


WHY ARE THE REQUIREMENTS FOR THE ISSUANCE OF A WARRANT?

SEARCH WARRANT MORE STRINGENT THAN THE REQUIREMENTS FOR > As a general rule, any court within whose territorial jurisdiction a

crime was committed BUT FOR COMPELLING REASONS stated in


THE ISSUANCE OF A WARRANT OF ARREST?
the application, any court within the judicial region where the crime was

> The right against unreasonable search and seizure is a core right implicit in the committed if the place of the commission of the crime is known, or any court within

natural right to life, liberty and property. Even in the absence of a constitution, the judicial region where the warrant shall be enforced.

individuals have a fundamental and > For example, a drug syndicate keeps his drugs in a warehouse in

natural right against unreasonable search and seizure under natural law. Pasay for the reason that it has connections in Pasay and can

> Moreover, the violation of the right to privacy produces a humiliating effect easily get a tip when the police officers will file for a search

that cannot be rectified anymore. warrant. To avoid the drug syndicate from getting a tip of the impending

> This is why there is no other justification to speak of for a search, except for a search, the police officers apply for a search warrant in Makati stating the compelling

warrant. reason.

> On the other hand, in a warrant of arrest, the person to be arrested can
> However, if the criminal action has already been filed, the
always post bail to prevent the deprivation of liberty.
application shall only be made in the court where the criminal action is
pending.
Sec. 2. Court where application for search warrant shall be filed. – An

application for search warrant shall be filed with the following:


Sec. 3. Personal property to be seized. – A search warrant may be issued for the
search and seizure of personal property: the place to be searched

2. Which must be determined by the judge personally through

(a) Subject of the offense; searching and probing questions—questions not merely answerable by yes

(b) Stolen or embezzled and other proceeds, or fruits of the offense; or or no but could be answered by the applicant and the witnesses on facts personally

(c) Used or intended to be used as the means of committing an offense. known to them

3. (Upon whom?) The complainant and the witnesses he may

produce are personally examined by the judge, in writing and under oath and
WHAT MAY BE THE SUBJECT OF A SEARCH WARRANT?
affirmation

1. Subject of the offense; 4. (Based on what?) The applicant and the witnesses testify on facts personally

2. Stolen or embezzled and other proceeds, or fruits of the offense; or known to them

3. Used or intended to be used as the means of committing an offense. 5. The probable cause must be in connection with the specific offense

6. The warrant specified describes the person and place to be searched and

the things to be seized


IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH
7. The sworn statement together with the affidavits of the witnesses must be
WARRANT BE THE OWNER OF THE THINGS TO BE SEIZED?
attached to the record

> No, ownership is of no consequence.

> What is relevant is that the property is connected to an offense.


WHAT IS THE PURPOSE FOR THE PARTICULARITY OF DESCRIPTION OF THE

PLACE TO BE SEARCHED AND THE THINGS TO BE SEIZED?


Sec. 4. Requisites for issuing search warrant. – A search warrant shall not

issue except upon probable cause in connection with one > The evident purpose and intent of this requirement is to limit the things to be

specific offense to be determined personally by the judge after examination seized to those, and only those, particularly described in the search warrant—

under oath or affirmation of the complainant and the witness he may produce, and to leave officers of the law with no

particularly describing the place to be searched and the things to be seized which discretion regarding what articles they should seize, to the end that

may be anywhere in the Philippines. unreasonable searches and seizures may not be committed, that abuses may not

be committed.

WHAT ARE THE REQUISITES OF A VALID SEARCH WARRANT?


Sec. 5. Examination of complainant; record. – The judge must,

1. There must be probable cause—facts and circumstances that would before issuing the warrant, personally examine in the form of

engender a well-founded belief in a reasonable prudent and discreet man that a searching questions and answers, in writing and under oath, the complainant

crime has been committed and the things and objects to be seized can be found in and the witnesses he may produce on facts personally
known to them and attach to the record their sworn statements, together with A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTED

the affidavits submitted. WITH THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE

WARRANT VALID?

WHEN IS THE AFFIDAVIT OR TESTIMONY OF THE WITNESS SAID TO BE > The warrant is valid
BASED ON PERSONAL KNOWLEDGE? > Although there are many ways of violating the Dangerous Drugs Act, it is not a

scatter shot warrant since it is in connection with only one penal law
> The test is whether perjury could be charged against the witness
POLICE OFFICERS APPLIED FOR A WARRANT TO SEARCH DOOR #1 OF AN

APARTMENT COMPLEX. THE COURT ISSUED THE WARRANT. WHEN THEY


WHAT ARE THE REQUISITES OF THE PERSONAL EXAMINATION
WENT TO THE APARTMENT COMPLEX, THEY REALIZED THAT WHAT THEY
THAT THE JUDGE MUST CONDUCT BEFORE ISSUING THE SEARCH
THOUGHT WAS DOOR #1 WAS ACTUALLY DOOR #7. CAN THEY SEARCH
WARRANT?
DOOR #7?

1. The judge must examine the witness personally


> No, what is controlling is what is stated in the warrant, and not what the
2. The examination must be under oath
peace officers had in mind, even if they were the ones who gave it the description to
3. The examination must be reduced into writing in the form of searching
the court.
questions and answers
> This is to prevent abuses in the service of search warrants

Sec. 6. Issuance and form of search warrant. – If the judge is


CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT
satisfied of the existence of facts upon which the application is based or that
INCLUDED IN THE WARRANT?
there is probable cause to believe that they exist, he

shall issue the warrant, which must be substantially in the form prescribed by
> No, anything not included in the warrant cannot be seized EXCEPT if its mala
these Rules.
prohibita, in which case, the seizure is justified under the plain view doctrine.

> Even if the object was related to the crime, but it is not mentioned in the warrant

nor is it mala prohibita, it still cannot be seized


WHAT IS A SCATTER SHOT WARRANT?

> It is a warrant of arrest that is issued for more than one offense
> It is void for the law requires that a warrant of arrest should only be issued in

connection with one specific offense


POLICE OFFICERS WENT TO THE HOUSE TO EXECUTE A SEARCH PEACE OFFICERS RAIDED A HOUSE, WHICH WAS SUSPECTED TO BE

WARRANT. THEY FOUND A PISTOL ON THE TABLE, BUT THE PISTOL A FACTORY FOR ILLEGAL DRUGS. DURING THE RAID, 8

WASN’T INCLUDED IN THE SEARCH WARRANT. CAN THEY SEIZE THE CHINESEMEN WERE FOUND INSIDE WHO COULDN’T SPEAK
PISTOL? ENGLISH OR FILIPINO. THE CHINESE WERE LOCKED INSIDE A

ROOM AND TWO WITNESSES WHO WERE NOT OCCUPANTS WERE


> No, it is not mala prohibita and they have no proof that it is unlicensed.
USED WHILE SEARCHING THE HOUSE AND SEIZING THE
WHAT SHOULD THE POLICE OFFICER OR COURT TO DO THINGS PROHIBITED DRUGS. VALID?

SEIZED ILLEGALLY?
> No.

> Anything seized illegally must be returned to the owner unless it is mala > The two-witness rule can only apply when there is absence of the lawful

prohibita. In such a case, it should be kept in custodia legis. occupants of the premises searched.

> In this case, they locked the occupants in a room while doing the
Sec. 7. Right to break door or window to effect search. – The officer, if search and seizure and used 2 witnesses who weren’t the occupants of the

refused admittance to the place of directed search after premises.

giving notice of his purpose and authority, may break open any outer or inner

door or window of a house or any part of a house or anything therein to execute the Sec. 9. Time of making search. – The warrant must direct that it be

warrant to liberate himself or any person lawfully aiding him when unlawfully detained served in the day time, unless the affidavit asserts that the property is on the

therein. person or in the place ordered to be searched, in which case a direction may be

inserted that it be served at any time of the day or night.


Sec. 8. Search of house, room, or premises to be made in presence

of two witnesses. – No search of a house, room, or any other


WHEN SHOULD THE SEARCH WARRANT BE EXECUTED?
premises shall be made except in the presence of the lawful occupant thereof

or any member of his family or in the absence of the latter, two witnesses of sufficient > If possible, it should be executed during the daytime

age and discretion residing in the same locality. > But in certain cases, such as when the things seized are mobile or are in the

person of the accused, it can be served during nighttime

NOTE: The two witness rule only applies in the absence of the lawful

occupants of the premises searched Sec. 10. Validity of search warrant. – A search warrant shall be valid for ten

(10) days from its date. Thereafter, it shall be void.


FOR HOW LONG IS THE SEARCH WARRANT VALID? WHAT IS THE DUTY OF THE OFFICER WHEN HE SEIZES THE

PROPERTY?
> It is valid for 10 days, after which the police officer should make a return to the

judge who issued it > The officer seizing the property under the warrant must give a

> If the police officer doesn’t make a return, the judge should summon him detailed receipt for the same to the lawful occupant of the premises in whose

and require him to explain why no return was made presence the search and seizure were made, or in the absence of such occupant,

> If the return was made, the judge should determine if the peace must, in the presence of at least two witnesses of sufficient age and discretion

officer issued the receipt to the occupant of the premises from which the things residing in the same locality, leave a receipt in the place in which he found the seized

were taken. property.

> The judge shall also order the delivery to the court of the things seized.

CAN THE OWNER OF THE THINGS SEIZED BE MADE TO SIGN THE

RECEIPT?
IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION

OF THE 10-DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT > No since this would be tantamount to a violation of one’s right
AGAIN BEFORE IT EXPIRES? against self-incrimination. It is a confession without the assistance of

counsel.
> No, of the purpose for which it was issued has already been carried out,

the warrant cannot be used anymore.

> The exception is if the search wasn’t finished within 1 day, the IS THERE PERIL TO THE OWNER OF THE THINGS SEIZED IF HE IS MADE TO

warrant can still be used the next day, provided it is still within the 10-day SIGN THE BOOKING SHEET?

period
> There is no peril since he would just be made to acknowledge that a case

has been filed against him


Sec. 11. Receipt for the property seized. – The officer seizing the

property under the warrant must give a detailed receipt for the same to the

lawful occupant of the premises in whose presence the search and seizure were THE ACCUSED WAS ARRESTED DURING A BUY-

made, or in the absence of such occupant, BUST OPERATION. PESO BILLS WERE SEIZED FROM HIM. CAN THE

must, in the presence of at least two witnesses of sufficient age and discretion ACCUSED BE MADE TO SIGN THE BILLS?

residing in the same locality, leave a receipt in the place in which he found the
> Yes, having the bills is not a crime.
seized property.
> This applies even if the bills involved is marked money.
Sec. 12. Delivery of property and inventory thereof to court; return and arrested may be searched for dangerous weapons or anything which may have
proceedings thereon. – been used or constitute proof in the commission of an offense without a search

warrant.

(a) The officer must forthwith deliver the property seized to the

judge who issued the warrant, together with a true inventory thereof duly
IN WHAT INSTANCES WOULD A SEARCH AND SEIZURE WITHOUT A
verified under oath.
WARRANT BE ALLOWED?

(b) Ten (10) days after issuance of the search warrant, the issuing judge shall 1. A warrantless search incidental to a lawful arrest

ascertain if the return has been made, and if none, shall summon the person a. Arrest must be lawful

to whom the warrant was issued and require b. It must be contemporaneous with the arrest in both time and place

him to explain why no return was made. If the return has been made, the c. Within the vicinity of the person arrested, immediate control, which is the

judge shall ascertain whether section 11 of this Rule has evidence of the offense or weapon

been complied with and shall require that the property seized be 2. Search of evidence in plain view

delivered to him. The judge shall see to it that subsection (a) hereof has been 3. Search of a moving vehicle

complied with. a. Must be cursory

b. Cant make a thorough search; just have to take a look; not to open trunks

(c) The return on the search warrant shall be filed and kept by the 4. Consented warrantless searches

custodian of the log book on search warrants who shall enter therein the date a. The right exists

of the return, the result, and other actions of the judge. b. Person making the consent knows that he has the right

c. In spite of the knowledge of the right, he voluntarily and intelligently gives his

A violation of this section shall constitute contempt of court. consent

5. Customs searches

6. Stop and frisk


WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT
7. Exigent and emergency circumstances
UNDER THE SEARCH WARRANT HAS BEEN SEIZED?
8. Checkpoints

> The officer must forthwith deliver the property seized to the judge 9. Republic Act requiring inspections or body checks in airports
who issued the warrant, together with a true inventory thereof duly verified 10. Emergency

under oath. 11. In times of war and within military operations

Sec. 13. Search incident to lawful arrest. – A person lawfully


WHAT ARE THE INSTANCES OF A PERMISSIBLE WARRANTLESS WHO SHOULD GIVE CONSENT TO A WARRANTLESS SEARCH AND

ARREST? WHAT ARE THE REQUISITES?

1. Arrest in flagrante delicto > Only the person whose right may be violated can give the

2. Arrest effected in hot pursuit consent; it is a personal right that cannot be availed of by third parties. The

3. Arrests of escaped prisoners requisites are:

1. The person has knowledge of his right against the search

2. He freely and intelligently gives his consent in spite of such knowledge


WHAT IS THE AREA OF COVERAGE OF AN OFFICER’S SEARCH? IS IT

LIMITED TO THE PERSON OF THE ACCUSED?


WHAT ARE THE REQUISITES FOR THE PLAIN VIEW DOCTRINE TO
> Under this rule, the search being an incident to a lawful arrest may extend
APPLY?
beyond the person of the one arrested to include the premises or surrounding under

his immediate control 1. There must have been a prior valid intrusion based on the

> The search must be made after the arrest. The objective is to warrantless arrest in which the police are legally present in the pursuit of their

make sure that the life of the peace officer will not be endangered. It must be official duties

contemporaneous with the arrest in both time and place. 2. The evidence was inadvertently discovered by the police who had the right to be

where they are

3. The evidence must be immediately apparent


WHEN IS THE WARRANTLESS SEARCH OF A MOVING VEHICLE
4. There was no need for further search
ALLOWED?

> It is allowed when it is not practicable to secure a warrant


WHAT IS A STOP AND FRISK SITUATION? WHEN IS IT VALID?

> It is a situation wherein there is a limited protective search of outer


WHAT ARE THE REQUIREMENTS IN A WARRANTLESS SEARCH clothing for weapons
INCIDENTAL TO A LAWFUL ARREST? > While probable cause is not required to conduct a stop and frisk, mere suspicion

or a hunch will not validate such a procedure.


1. Arrest must be lawful
> A genuine reason must exist, in light of the police officer’s experience and
2. It must be contemporaneous with the arrest in both time and place
surrounding conditions, to warrant the belief that the person has detained the
3. Within the vicinity of the person arrested, immediate control, which is the
weapons concealed about him.
evidence of the offense or weapon
Sec. 14. Motion to quash a search warrant or to suppress evidence; WHAT IS THE MULTI-FACTOR BALANCING TEST?

where to file. – A motion to quash a search warrant and/or to suppress


> It requires officers to weigh the manner and intensity of the
evidence obtained thereby may be filed in and acted upon
interference of the right of the people, the gravity of the crime committed, and
only by the court where the action has been instituted. If no criminal action has
the circumstances attending the incident.
been instituted, the motion may be filed in and resolved by the court that issued

search warrant. However, if such

court failed to resolve the motion and a criminal case is subsequently WHERE SHOULD ONE FILE THE NOTION TO QUASH WARRANT OR TO

filed in another court, the motion shall be resolved by the latter court. SUPPRESS EVIDENCE?

1. In the court where the action has been instituted


A POLICE OFFICER WAS GRANTED TO SEARCH THE HOUSE FOR 2. If no criminal action has been filed, in the court that issued the warrant
REBEL OFFICERS. CAN THE POLICEMAN CONDUCT A WARRANTLESS 3. However, if said court failed to resolve the motion and a criminal
SEARCH? case is subsequently filed in another court, the motion shall be filed in the latter

court
> NO, the permission didn’t include the room to room search and anything

confiscated will be inadmissible


A MOTION TO QUASH WAS FILED IN THE COURT WHERE THE

CRIMINAL ACTION WAS FILED. DURING THIS TIME, THE


IF AN OBJECT HAS BEEN SEIZED UPON ORDERS OF THE
PRELIMINARY INVESTIGATION WAS ONGOING. THE ACCUSED MOVES
COURT,
FOR THE SUSPENSION OF THE PRELIMINARY INVESTIGATION. VALID AND
MAY A COORDINATE COURT ISSUE A REPLEVIN ORDER FOR THE
PROPER?
RELEASE OF THE OBJECT?

> No, only the court that ordered its confiscation may release the object > No, the preliminary investigation is of different nature from deciding on

whether to grant the motion to quash the warrant

> The result of one will not affect the other. One deals on probable
IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY
cause on whether there are facts and circumstances that would engender a
SEIZED WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT
well-founded belief that a crime has been committed
ADMISSIBLE?
and the accused is probably guilty thereof. The other deals on whether the
> No, because it was done without assistance of counsel things and objects were seized legally or not.

NOTE: The Motion To Quash, filed in the issuing court, or to Suppress


Evidence, filed with the court trying the case, are alternative, not cumulative

remedies. If one is filed, the other can no longer be availed of. The court first taking

cognizance of the motion does so to exclusion of the

other. The proceedings thereon are subject to the omnibus motion rule and

the rule against forum shopping.

WHAT IS THE TOTAL EXCLUSIONARY RULE?

> Things and objects seized in violation of the right against

unreasonable searches and seizures are fruits of the poisonous tree and are

inadmissible as evidence

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