Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
them to any website or the cloud. For comments, questions, corrections, or suggestions, email gtgalacio@yahoo.com
| [1] Define “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 described therein and bring it before the court. (SEC. 1) |
| [2] Complete the following: SEC. 2. Court where application for search warrant shall be filed.—An application for search warrant shall be filed with the following: (a) Any court within whose _______________ a crime was committed. (b) For ____________ stated in the application, any court within the judicial region where the crime was committed if ___________________, or any court within the judicial region ________________. However, if the criminal action has already been filed, the 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: (a) Any court within whose territorial jurisdiction a crime was committed. (b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime is known, or any court within the judicial region where the warrant shall be enforced. However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending. |
| [3] A search warrant may be issued for the search and seizure of what personal property? | Personal property that is (a) Subject of the offense; (b) Stolen or embezzled and other proceeds, or fruits of the offense; or (c) Used or intended to be used as the means of committing an offense. (SEC. 2) |
| [4] What are the requisites for issuing a search warrant? | (1) Probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and (2) particularly describing the place to be searched and the things to be seized which may be anywhere in the Philippines. (SEC. 4) |
| [5] Complete the following: SEC. 5. Examination of complainant; record.—The judge must, before issuing the warrant, _____________________, in writing and under oath, the complainant and the witnesses he may produce on facts __________ and attach to the record their sworn statements, together with the affidavits submitted. | SEC. 5. Examination of complainant; record.—The judge must, before issuing the warrant, personally examine in the form of searching questions and answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn statements, together with the affidavits submitted. |
| [6] Complete the following: SEC. 7. Right to break door or window to effect search.—The officer, if refused admittance to the place of directed search after ____________________, 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 warrant or ____________________ therein. | SEC. 7. Right to break door or window to effect search.—The officer, if refused admittance to the place of directed search after 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 warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. |
| [7] How should the search of a house, room, or any other premises be made? | The search should be made (1) in the presence of the lawful occupant or any member of his family or (2) in the absence of the latter, two witnesses of sufficient age and discretion residing in the same locality. (SEC. 8) |
| [8] The warrant must direct that it be served in the day time, unless _________. | Unless the affidavit asserts that the property is on the 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. 9) |
| [9] How long is the validity of a search warrant? | A search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. (SEC. 10) |
| [10] What is the officer seizing property under the warrant required to do? | The officer must give a detailed receipt for the same to the lawful occupant of the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. (SEC. 11) |
| [11] Complete the following: SEC. 12. Delivery of property and inventory thereof to court; return and proceedings thereon.— (b) __________ after issuance of the search warrant, the issuing judge shall ascertain if the __________ has been made, and if none, shall ___________________ and require him to ____________________. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complied with and shall require that ____________________. The judge shall see to it that subsection (a) hereof has been complied with. | SEC. 12. Delivery of property and inventory thereof to court; return and proceedings thereon.— (b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section 11 of this Rule has been complied with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied with. |
| [12] A person lawfully arrested may be searched without a search warrant for what things? | (1) Dangerous weapons or (2) anything which may have been used or constitute proof in the commission of an offense. (SEC. 13) |
| [13] Where should a motion to quash a search warrant or to suppress evidence be filed? | (1) It may be filed in and acted upon only by the court where the action has been instituted. (2) If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the latter court. (SEC. 14) |