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Chapter II
Arrest, Search and Seizure

The term “arrest” came from the Latin word “arrestare” which means “cause to stop”
and “restare” which means “stay behind”. These terms were used as early as during the 14 th
century.
On the other hand, the word search was derived from the Anglo-Norman word
“searcher,” Old French cerchier which means to “explore,” Latin word “circare” which means
“go around in circles,”

Complaint and Information;

Complaint is a sworn written statement charging a person or a group of persons of an
offense that is subscribed by the offended party such as the victim/s of the offense committed,
or any other peace officer charged with the enforcement of the law violated.
Information is an accusation in writing charging a person or a group of persons of an
offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and includes the
name of the party, the offense committed, facts of the offense and other factors relevant.

Contents of Information. – The information shall, among others contain:

a) A certification by the filing Prosecutor that he is filing the same in accordance with the
provisions of Section 7, Rule 112, Rules on Criminal Procedure, in case cognizable by
the Regional Trial Court;
b) The full name and aliases, if any, and address of the accused;
c) The place where the accused is actually detained;
d) The full names and addresses of the complainant and witnesses;
e) A detailed description of the recovered items. If any;
f) The full name and address of the evidence custodian;
g) The age and date of birth of the complainant or the accused, if eighteen (18)
years of age or below; and
h) The full names and addresses of the parents, custodians or guardians of the
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minor complainant or accused, as the case may be.

Arrest Defined
Arrest is the actual taking of a person or persons into custody by an authority in order that
he/ they may be bound to answer for the commission of an offense.

General rule; no one can arrest a person unless with a valid warrant of arrest.
Warrant of Arrest is an order in writing issued in the name of People of the Philippines; signed
by a judge and directed to a peace officer, commanding him to arrest the person designated and
take him into custody of the law in order that he may be bound to answer for the commission of
an offense.
Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person to be
arrested but only descriptions based from the testimonies of the victim/s or the witnesses/es, It
contains the physical description of the accused as well as other factors to be considered for the
identification of the accused (Sadili & Pena, 1998).
Warrant Officer is any authorized member from the law enforcement agency usually from the
Philippine National Police (PNP) or National Bureau of Investigation (NBI) who holds a warrant
for execution within 10 days from valid receipt subject to renewal in case of failure to execute
the same.
Alias Warrant- refers to the warrant of arrest issued by a judge to the peace officer after
returning the original warrant of arrest after the lapse of the 10-day validity period.

When a warrant of arrest not necessary;

1. When the accused is already in detention
2. When the accused was arrested by virtue of a lawful arrest without warrant
3. When the penalty is of a fine only
4. Those covered by a summary procedure

Procedure when arrest is made;

1. Secure the person arrested (handcuff at the back)
a. Conduct through search for weapons and other illegal materials
b. Inform the arrested person of his right
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2. Use reasonable force in making arrest

a. Confiscated evidence shall be properly documented
b. Bring the arrested person to the nearest accredited hospital for medical
examination
c. Bring the arrested person to the police station for documentation

Medical Examination of Arrested Person/Suspect.

Immediately after the arrest of a person ordered arrested by the court, or of a suspect under
investigation, he should be subjected to a medical examination. Prior to his release or any change
of custody, the suspect should also be medically examined by a medical-legal officer or, in the
absence of such medico-legal officer, by any government physician in the area.

The Basic Principle of Warrant of Arrest

1. Issued by the judge to a peace officer and commanding him to arrest a person stated
therein.
2. It is enforceable within the Philippine territory at any time of the day or night.
3. Arresting officer must inform the person to be arrested of the cause of the arrest.
4. Arrest is made by actual restraint of the person to be arrested or by his submission to the
custody of the person making the arrest.
5. No specific expiration, but within 10 days of its receipt the officer shall submit a
progress report to the issuing judge.
6. Warrant of arrest is still valid if the suspect is not yet arrested unless the court denounce
its validity.

Duties of Arresting officer;

1. Its shall be the duty of the officer executing the warrant without necessary delay to arrest
the accused and to deliver him to the arrest police station.
2. During arrest, with or without warrant, it shall be the duty of arresting officer to inform
the person to be arrested of the cause of the arrest or his constitutional right in dialect or
language known to the subject when he flees or forcibly resist.
3. The officer must present the warrant to the person arrested, in case that he did not bring
with him at the time of arrest, he shall be shown to him as soon as practicable.
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4. No torture, force or violence or any other means which vitiate the free will of the arrested
person.

Summoning Assistance for the Arrest. Any officer making a lawful arrest may verbally
summon as many persons as he deems necessary to aid him in making the arrest. Every person so
summoned shall aid him in the making of such arrest, when he can render such aid without
detriment to himself.
Right of Attorney or Relative to Visit Person Arrested. Any member of the bar shall, at the
request of the person arrested or of another on his behalf, have the person to visit and confer
privately with such person, in jail or any other place of the custody at any hour of the day or, in
urgent cases, of the night. This right shall be exercised by any relative of the person arrested
subject to reasonable regulation. (Sec. 14, Rule 113.)
Executive Order No.155, dated 30, March 1987, amending republic Act No. 857,
penalizes any public officer who deprives a person of his right to counsel. The penalty shall be
prison correctional or imprisonment of 6 months and 1 day to 6 years.

WHAT IS CUSTODIAL INVESTIGATION?

It is the term to denote the investigation conducted by the investigator on the suspect who
is under police custody. This is the stage of the investigation where there is strict observance of
the Miranda Doctrine.

THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION

a. Right to remain silent.
b. Right to counsel of his own choice and if he has none, the government must provide
one for him;
c. Right to be informed of the nature of the accusation.

These rights COULD BE VALIDLY WAIVED IN WRITING AND WITH

ASSISTANCE OF COUNSEL in order that ensuing confession be admissible in evidence. The
confession must also be in writing, signed and sworn to by the accuse
The invalidity of an arrest leads to several consequences among which are:
a) the failure to acquire jurisdiction over the person of an accused;
b) criminal liability of law enforcers for illegal arrest; and
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c) any search incident to the arrest becomes invalid thus rendering the evidence acquired as
constitutionally inadmissible.

INSTANCES OF WARRANTLESS ARREST, this is known as citizen`s arrest

1. When, in his (peace officer) presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.

In people vs Sucro, it was held than when a police officer sees the offense,
although at a distance, or hears the disturbance created thereby, and proceeds at once to
the scene thereof, he may effect an arrest without warrant. The offense is deemed
committed in the presence or within the view of the officer.

2. When an offense has just been committed and he (peace officer) has probable cause to
believe based on personal knowledge of facts or circumstances that the person to be
arrested has committed it.

3. When the person to be arrested is an escape from jail.

4. When the right is validly waived. This is when the person arrested consented to the arrest,
despite of no warrant showed, the person is willing to be taken into custody.

The Inquest
Inquest is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest
issued by the court for the purpose if determining whether or not said persons should remain
under custody and correspondingly be charge in court.

SEARCH AND SEIZURE

Search Define
Search is an examination of an individual`s person, house, papers or effect, or other
buildings and premises to discover contraband or some evidence of guild to be used in the
prosecution of a criminal action.

General Rule; any police officer cannot search unless there is a valid search warrant. To be
valid, probable cause must establish.
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In People v. Aruta, the Court explained that the language of the Constitution implies that
“searches and seizures are normally unreasonable unless authorized by a validly issued search
warrant or warrant of arrest.”
Search Warrant 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 to search for a personal
property and bring it before the court. Rule 126, section 1.
Below are the properties that are subject to seizure:
1. Subject of the offense;
2. Stolen or embezzled properties;
3. Proceeds or fruits of the offense; an
4. Property used or intended to be used as means for the commission of an
offense.

The Basic Principle of Search Warrant;

1. It shall be issued by the judge directed to peace officer commanding him to search for
personal property and bring it before the court.
2. It has a 10 days validity period upon receipt of the search warrant.
3. The issuing judge must be within the place where the crime committed, or the issuing
judge must be with the place where the property be seized.
4. In enforcing the search warrant, the officer must observe the two-witness rule in the
process of search.
5. As general rule; It is only enforceable at day time, expect as provided by the issuing
judge to search during night time.
6. The officer must follow what specified in the search warrant to include property to be
seize and its location. (house #, room # in hotel, and item to be seize).
7. The officer has the right to break door or window to effect search.

Nota Bene: There must be a Probable Cause either warrant of arrest or search warrant to be
valid.

Procedure in executing Search Warrant;

A search warrant must be served within ten (10) days from its date (thereafter, it shall be
void) (Sec. 9, Rule 126) in the following manner:
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a) The police officer concerned must go to the place indicated in the search
warrant and take the things described therein, in the presence of at least
competent witness who is a resident of the neighborhood. If he is refused
admittance to the place of search after giving notice of his purpose and
authority, he may force himself. (Sec.6, ibid)
b. The search must be made at daytime, unless otherwise stated. (Sec.8, ibid)
c. The officer seizing the property must issue a detailed receipt of the things
seized to the person in whose possession it was found, or in the absence of
such person, he must, or in the presence of at least one witness, leave such
receipt in the place where such things were seized. (Sec. 10, ibid.)
(i) In compliance with this procedure, it has been standard practice to issue a RECEIPT FOR
PROPERTY SEIZED after a seizure. The receipt is signed by the seizing officer only and two
witnesses. Recent Supreme Court decisions, however, an extrajudicial confession of the
commission of the offense.
Charged. (People df las Marinas, G.R no 87215,30 APR 91; and People V Mauyao, G.R
no.84525, 6 APR 92) consequently, if the accused does not sign such receipt, if may still be used
in evidence. Moreover, of the accused did in fact sign of receipt, but he signed it with the
assistance of a lawyer of his choice. That act would constitute a valid waiver of his right against
self-incrimination.
(ii) it must be noted that in the cases cited above, the crime charged is possession of prohibited
drugs. Thus, the signature of an accused on the receipt is a declaration against interest and a tacit
admission of a crime charged, as mere unexplained possession of prohibited drugs is punishable.
the doctrine is therefore not a hard and fast rule as far as the "Receipt for property seized" is
concerned. if the crime charged is possession of unlicensed fire arms. for example, the doctrine
would apply. in other cases, it will not apply.
(iii) Another document which is made after search is a Certification of Property Seized. This is
signed property, and the owner of the seized property, and would seem to fall more under the
court pronouncement above than the “Receipt for Property Seized” does.
d) As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the lifting of
the articles should be done by the owner of the house or his authorized representative, or by
immediate members of his family, to preclude any suspicion of the theft or planting of evidence.
e) Thereafter, the officer must immediately deliver the things or property seized to the judge who
issued the warrant, together with an inventory duly verified under oath. (Sec. 11, ibid)
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IS IT NECESSARY THAT THE PERSON NAMED IN THE SEARCH WARRANT BE

THE OWNER OF THE THINGS TO BE SEIZED?
 No, ownership is of no consequence.
 What is relevant is that the property is connected to an offense.

A WARRANT WAS ISSUED FOR THE SEIZURE OF DRUGS CONNECTEED WITH

THE VIOLATION OF THE DANGEROUS DRUGS ACT. IS THE WARRANT VALID?
 The warrant is valid
 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.

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 APPLIED FOR A WARRANT TO SEARCH DOOR #1 OF AN

APARTMENT COMPLEX THE COURT ISSUED THE WARRANT. WHEN THEY
WENT TO THE APARTMENT COMPLEX, THEY REALIZED THAT WHAT THEY
THOUGHT WAS DOOR #1 WAS ACTUALLY DOOR # 7. CAN THEY SEARCH DOOR
# 7?
 No, what is controlling is what is stated in the warrant, and now what the peace officers
had in mind, even if they were the ones who gave it the description to the court.
 This is to prevent abuses in the service of search warrants.

CAN THE POLICE OFFICER SEIZE ANYTHING THAT IS NOT INCLUDED IN THE
WARRANT?
 No, anything not included in the warrant cannot be seized EXCEPT if its mala 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.
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WHAT SHOULD THE POLICE FORCE OFFICER OR COURT TO DO THINGS

SEIZED ILLEGALLY?
 Anything seized illegally must be returned to the owner unless it is mala prohibita. In
such a case, it should be kept in custodia legis.

CHINESEMEN WERE FOUND INSIDE WHO COULDN’T SPEAK ENGLISH OR

FILIPINO. THE CHINESE WHERE LOCKED INSIDE A ROOM AND TWO
WITNESSES WHO WERE NOT OCCUPANTS WERE USED WHILE SEARCHING
THE HOUSE AND SEIZING THE PROHIBITED DRUGS. VALID?
 No.
 The two-witness rule can only apply when there is absence of the lawful occupants of the
premises.
 In this case, they locked the occupants in a room while doing the search and seizure and
used 2 witnesses who weren’t the occupants of the premises.
IF THE WARRANT WAS EXECUTED EVEN BEFORE THE EXPIRATION OF THE
10-DAY PERIOD, CAN THE PEACE OFFICER USE THE WARRANT AGAIN
BEFORE IT EXPIRES.
 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 warrant can still be used
the next day, provided it is still within the 10-day period.

WHAT IS THE DUTY OF THE OFFICER AFTER THE PROPERTY SOUGHT UNDER
THE SEARCH WARRANT HAS BEEN SEIZED?
 The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.

IF THE ARRESTED PERSON SIGNS THE RECEIPT OF THE PROPERTY SEIZED

WITHOUT THE ASSISTANCE OF COUNSEL, IS THE RECEIPT ADMISSIBLE?
 No, because it was done without assistance of counsel
INSTANCES OF WARRANTLESS SEARCHES
1. Warrantless search incidental to a lawful arrest. A search incidental to a lawful arrest
requires that there must first be a lawful arrest before a search is made. Otherwise stated,
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a lawful arrest must precede the search; the processes cannot be reversed.” For there to be
a lawful arrest, law enforcers must be armed with a valid warrant. Nevertheless, an arrest
may also be affected without a warrant.
 In Posadas vs. CA, the SC upheld the validity of a search made by police officers
on one who, confronted by the police because he was acting suspiciously, ran
away.
 But in People vs. Rodriguez, the arrest and consequent search of the accused,
simply because “he was acting suspiciously” was held invalid.

2. WHEN PROHIBITED ARTICLES ARE IN PLAIN VIEW.

 Under the plain view doctrine, police officers can seize articles or object which
inadvertently come to their view without exerting any effort and which object is
incriminatory to the accused. Based from decisions of trial courts, the doctrine
includes the five senses of an individual to detect violations of law.
 The doctrine requires that a police officer in order to validate the confiscation of
an object in plain view must have a right to be in that place and whatever objects
become obvious or apparent without obstruction or impairment may be subject to
seizure.

3. SEARCH OF MOVING VEHICLES.

 A checkpoint search is a variant of a search of moving vehicle. Checkpoints per
se are not invalid. They are allowed in exceptional circumstances to protect the
lives of individuals and ensure their safety.
 The extend of routine inspections must be limited to a visual search. However, an
extensive search may be conducted on a vehicle at a checkpoint when law
enforcers have probable cause to believe that the vehicle’s passengers committed
a crime or when the vehicle contains instruments of an offense.

4. A “stop and frisk” search is defined as “the act of a police officer to stop a citizen on
the street, interrogate him, and pat him for weapon(s) or contraband.” Thus, the allowable
scope of a “stop and frisk” search is limited to a “protective search of outer clothing for
weapons.

 In Manalili v. Court of Appeals, police officers conducted surveillance

operations in Caloocan City Cemetery, a place reportedly frequently by drug
addicts. They chanced upon a male person who had “reddish eyes and (was)
walking in a swaying manner.” Suspecting that the man was high on drugs, the
police officer approached him, introduced themselves, and asked him what he
was holding. However, the man resisted. Upon further investigation, the police
officers found marijuana in the man’s possession. This Court held that the
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circumstances of the case gave the police officers justifiable reason to stop the
man and investigate if he was high on drugs.

 In People v. Solayao, the police officers were conducting an intelligence patrol to

verify reports on the presence of armed persons within Caibiran. They met a
group of drunk men, one (1) of whom was the accused in a camouflage uniform.
When the police officer approached, his companions fled leaving behind the
accused who was told not to run away. One (1) of the police officers introduced
himself and seized from the accused a firearm wrapped in dry coconut leaves.
This Court likewise found justifiable reason to stop and frisk the accused when
“his companions fled upon seeing the government agents”.

 The “Stop and Frisk” searches in these two (2) cases were considered valid
because the accused in both cases exhibited overt acts that gave law enforcers
genuine reason to conduct a “stop and frisk” search.

5. Custom search
The search involves illegal entry of “smuggled goods” in our country that may
affect the local businesses especially the small-time businessmen. The search is
usually conducted by the officers and agents of the Bureau of Customs.

6. Consented Warrantless Search

If the person submitted himself voluntarily to be searched. It is good, as there is a

search warrant because of the consent of the person be searched. The consent of
the person must not have been because of intimidation, threat of the person
making the search. Thus, the Supreme Court held that in the case of:

People vs. Omaweng, the accused while driving a vehicle, was stopped at
a checkpoint, and when the vehicle was inspected, the soldiers asked permission
to see the contents of a bag which was partially covered by a spare tire. The
accused consented, and upon inspection, the bag was found to contain marijuana.
This SC ruled that there was valid waiver.

In People vs. Ramos, the SC said that the evidence for the prosecution
clearly disclosed that Ramos voluntarily allowed himself to be frisked, and that he
gave the gun to the police voluntarily; thus, there was a valid waiver.
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However, in People vs. Barros, the “silence of the accused” during the
warrant less search was not construed as consent.

As a component of the right to privacy, the fundamental right against unlawful

searches and seizures is guaranteed by no less than the Constitution. Article III,
Section 2 of the Constitution provides:
1. The right of the people to be search in their persons, houses, papers, and
effects against unreasonable searches and seizure of whatever nature and for
any purpose shall be inviolable, and
2. 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
3. Particularly describing the place to be searched and the persons or things to be
seized.
Techniques of Searches of Persons Arrested.
a) “Probe,” do not “pat”
(A woman operative should be used to search females)
b) The need to handcuff subject(s). Dangerous and violent criminals, as well as escapes
from prisons and escape artists, must be handcuffed.

When applying handcuffs, give the following orders to the subject and follow this
procedure:
(i) First Order: “take your right hand off the wall and place it in your back. “Fasten
the handcuff to this hand and firmly hold the other handcuff.
(ii) Second Order: “Move up and put your hand against the wall.” Allow the subject
to move closer to the wall, making certain his feet remain back far enough to keep
him” off balance.”
(iii) Third Order: “Take your other hand off the wall and place it on the small of
your back.” Fasten the other handcuff and double -lock both handcuffs.
(iv) Final Order. “Stand up and face the wall.” Help the subject in doing this.

c) Do not stop the search when a weapon is found.

d) Look for items which may be used to commit suicide
e) Look items of evidence.
f) Searchers should never cross the line of fire.
g) Do not talk to subject(s) in the course of the search.
h) Do not grant subjects request to attend to something before, during and immediately
after the search.
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i) In a search by a single officer, have the gun ready with the land at a distance from the
subject.
j) Be sure to search every part of the body and clothing.

Types of Searches:
1. Wall search. The purpose is to place the subject in an ‘Off-balance” position requiring
the use of notch arms and legs to keep him from falling to the ground. This is the safest
type of search. It does not necessarily require a wall; any object that can support the
weight of the subject (such as a car) can be used. The procedures are:
a. Require subject to place both hands of the wall slightly higher than his waist.
Spread hands as for apart as possible. Palms should be placed against the wall,
fingers extended.
b. The subject’s feet must be extended back away from the wall as far as possible.
Spread them far apart as possible, toes pointed out. Buttocks should not be on
arched position.
c. The subject’s Head should be down or bowed at all times.
d. Mechanics in executing the “Wall Search”.”;
1) If there is only one subject, the leader of the search should place himself
at one side, while his subordinates is on the other side;
2) To search the other side, the subordinate should move to the opposite
side;
3) If there are two or three subjects, move one subjects to be searched on
the wall, but out of reach of the others;
4) Search both sides of subject, the leader conducting guarding the other
subject;
5) Move one subject at a time;
6) Subject’s head should be down at all times;
7) The subordinate should concentrate on the actions of the subject and not
the action of the leader;
8) When there are more than three subjects, additional personnel should be
summoned;
9) In serious apprehensions, the searcher should hold his weapon in ready
position throughout the search;
10) The body must be searched systematically with the foot of the searched
placed tightly against subject’s foot, right with right, left with left,
anklebone against anklebone;
11) Remove any object found, then examine the palm of the hand, including
between fingers.
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2. Standing Search
a. Raise subject hand over his head and spread his feet far apart as possible.
b. This is not recommended because the subject is in the “on-balance” position.

3. Kneeling Search
a. Subjects kneels on the ground with the hands raised over his head.
b. This is also discouraged for the same reason as the “standing search”.

4. Prone Search
a. Subject lies on his stomach with arms and legs outstretched.
b. Subject has both arms and legs free and is at all times in an ‘on-balance” position.
c. Front part of clothing cannot be searched.
d. This can be extremely dangerous if the subject has knowledge of judo.

Fruits of Poisonous Tree Doctrine

A rule requires that evidence that is illegally obtained should be excluded from admission in a
criminal proceeding. The purpose behind this doctrine is to deter police misconduct that is
reckless, deliberately or gross negligent.

Mugshots and Fingerprints

Arresting units shall at all times take the mugshots and fingerprints of all arrested
persons. Copies thereof shall be submitted to the PNP Crime Laboratory Service to serve as
master file.