2. SEC 2
• 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 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.
3. Meaning of search warrant and
warrant of arrest.
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 certain
personal property and bring
it to court.
Warrant of arrest
• If the command is to arrest
a person designated, i.e., to
take him into custody in
order that he may be bound
to answer for the
commission of an offense.
4. Scope of the protection
• Persons – the protection applies to everybody,
to citizen as well as alien.
• Houses – the protection is not limited to
dwelling houses but extends to a garage,
warehouse, shop, store, office and even safety
deposit vaults
• Papers and effect – they include sealed letters
and packages in the mail.
5. Requisites for a valid warrant of arrest
or search warrant
• There should be probable cause
• It must be personally determined by a judge
• It should be examined under oath or
affirmation of the complainant and the
witness he may produce.
• Place to be searched and the persons or things
to be seized should be particular, not general.
6. Warrant less arrest
• When, in his presence, the person to be arrested
has committed, is actually committing, or is
attempting to commit an offense;
• When an offense has in fact just been committed
and he has personal knowledge of facts indicating
that the person to be arrested has committed it;
and
• When the person to be arrested is a prisoner who
has escaped from a penal estabblishment.
