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Bill

of
Rights
(1987 Philippine
Constitution)

Lecture of Mr. John Torres Philippine Government and Constitution


Social Science-I

Article-III, Section-II
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, particularly describing the place to
be searched and the persons or things to be seized.

Lecture of Mr. John Torres Philippine Government and Constitution


Social Science-I

Article-III, Section-II
The purpose of Section-II is to protect the
privacy and the sanctity of the person and of
his house and other possessions (papers,
documents, effects, etc.) found therein
against arbitrary intrusions by agents of the
state.

Lecture of Mr. John Torres Philippine Government and Constitution


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Article-III, Section-II
Search Warrant is an order in writing,
issued in the name of the people of the
Republic of the Philippines, signed by a
judge and directed to a peace officer,
commanding him to search for a certain
personal property and bring it before the
court.

Lecture of Mr. John Torres Philippine Government and Constitution


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Article-III, Section-II
A Valid Search Warrant and warrant of
Arrest must have Probable Cause.
Probable Cause means there are facts
and circumstances attending the issuance of
warrant sufficient to induce a prudent and
cautious judge to rely on them.
The Probable Cause must be determined
personally by the judge.
The Warrant must particularly describe the place to
be searched, or the person or things to be seized.
Lecture of Mr. John Torres Philippine Government and Constitution
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Article-III, Section-II
Search and Seizures can be made without Warrant in the
following instances:
a. When there is consent or waiver that is if a Peace
Officer has been granted consent to enter the premise
of another for the purpose of search and seizure;
b. Where search is an incident to a lawful arrest say, a
pickpocket caught in flagrante delicto, can be searched
for his loot;
c. When an officer making the search has reasonable
cause to conduct it in a vehicle believed to be
containing contraband or forfeited goods because the
vehicle can get away before a warrant is secured.
d. When the possession of articles prohibited by law is
disclosed to plain view (plain view rule)
Lecture of Mr. John Torres Philippine Government and Constitution
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Article-III, Section-II
Note:

Inspection conducted by Health and Sanitary


inspectors in restaurants in the exercise of state
police power in view of enforcing laws on public
health or by labor inspectors of companies acting
on a complaints of its workers for possible
violation of labor laws and the Bureau of Internal
Revenue examiner of financial records of
companies, need not have warrant. The same is
true of routinary searches made at the border or
ports of entry in the interest of national secuirty
Lecture of Mr. John Torres Philippine Government and Constitution
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Article-III, Section-II
A private individual can arrest a criminal
even without a warrant, this is called
CITIZEN ARREST.

Lecture of Mr. John Torres Philippine Government and Constitution


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Warrantless Arrest
Warrantless Arrest is allowed under the
following circumstances:
1. Flagrante Delicto (Caught in the Act);
2. Hot Pursuit Operation;
3. Arrest of Fugitive.

Lecture of Mr. John Torres Philippine Government and Constitution


Social Science-I

Warrantless Arrest
1. Flagrante Delicto (Caught in the Act)
Person to be arrested has committed, is
actually committing, is attempting to commit
an offense;
Such commission is in the presence of the
arresting individual;
Arresting individual has personal knowledge
of such commission.

Lecture of Mr. John Torres Philippine Government and Constitution


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Warrantless Arrest
Note : (Commission of a Crime)
One person can arrest a person, who has stabbed
and killed another in his presence since the person to
be arrested has committed the crime of homicide.
One can arrest a person, who with intent to kill, is
stabbing another in his presence since the person to
be arrested is actually committing the crime of
homicide.
On can arrest a person, who with intent to kill is
about to stab another in his presence since the
person to be arrested is attempting to commit the
crime of homicide.
Lecture of Mr. John Torres Philippine Government and Constitution
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Warrantless Arrest
2. Hot Pursuit Hot Pursuit Arrest takes effect when a
crime has just in fact been committed and the arresting
officer or private individual has probable cause to believe
based on personal facts or circumstances that the
person to be arrested has committed it.
Elements of Hot Pursuit Arrest:
I. Time Element that an offense has just been
committed, which connotes an immediacy in point
of time.
II. Personal Knowledge that the arresting officer or
individual must have probable cause based on
personal knowledge of fact or circumstances that
the person to be arrested has committed the
crime.
Lecture of Mr. John Torres Philippine Government and Constitution
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Warrantless Arrest
Note : (Continuing Crime Doctrine)
Rebellion is a continuing crime. If one has been a
rebel since 1988, he is continuously committing the
crime of rebellion from 1988 up to the present. Thus,
police officers or military men who have probable
cause to believe that the person to be arrested is a
rebel, can make a warrantless arrest even if the rebel
is not doing an act in furtherance of rebellion. Even if
the rebel is just sleeping, watching tv or taking a bath
at the time of the arrest, the warrantless arrest is
lawful since the suspect is deemed caught in the act
of committing the crime of rebellion.
Lecture of Mr. John Torres Philippine Government and Constitution
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Warrantless Arrest
3. Arrest of Fugitive When a person to be arrested is a
prisoner who 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 to another.

Lecture of Mr. John Torres Philippine Government and Constitution


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Note :
Evidences obtained in violation of the right against
unreasonable search are not admissible in evidence
for being a fruit of a poisonous tree.
The "fruit of the poisonous tree" doctrine is an
offspring of the Exclusionary Rule. The exclusionary
rule mandates that evidence obtained from an illegal
arrest,
unreasonable
search,
or
coercive
interrogation must be excluded from trial. Under the
fruit of the poisonous tree doctrine, evidence is also
excluded from trial if it was gained through evidence
uncovered in an illegal arrest, unreasonable search,
or coercive interrogation.
Lecture of Mr. John Torres Philippine Government and Constitution
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Note :
The name fruit of the poisonous tree is thus a
metaphor: the poisonous tree is evidence seized in
an illegal arrest, search, or interrogation by law
enforcement. The fruit of this poisonous tree is
evidence later discovered because of knowledge
gained from the first illegal search, arrest, or
interrogation. The poisonous tree and the fruit are
both excluded from a criminal trial.
Fruit of the Poisonous Tree doctrine can only be
invoked by individuals against an officer nor agent of
the state.

Lecture of Mr. John Torres Philippine Government and Constitution


Social Science-I

Purpose of the Fruit of the Poisonous Tree Doctrine:


To deter law enforcement from violating peoples
rights against unreasonable searches and seizures
conducted by government officers nor agents of the
state.

Lecture of Mr. John Torres Philippine Government and Constitution


Social Science-I

Other Related Legal Terms:


a.

b.

c.

Admissible Evidence - Evidence permitted to be introduced at


trial. Only relevant evidence is admissible, which means the
evidence must tend to make more or less probable the
existence of some fact material to the case, or some fact
otherwise of consequence to making a determination in the
case. Evidence which tends to establish facts from which one
could then infer that some material fact is more or less probable
is also admissible as relevant evidence.
Excluded Evidence - Evidence which may be otherwise relevant
and admissible but which is not admitted and may not be
considered in the decision-making process for some reason
other than irrelevance.
Good Faith - A reasonable, honest belief lacking malice or illintent and without intention to defraud. The concept of good
faith appears in many areas of law, although it is intangible and
determined based on the totality of the circumstances rather
than some hard and fast rule.
Lecture of Mr. John Torres Philippine Government and Constitution
Social Science-I

Lecture of Mr. John Torres Philippine Government and Constitution


Social Science-I

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