What is required for a search warrant or warrant of arrest to be issued?

The right of the people to be secure in their persons and houses against unreasonable searches and seizures is inviolable. A search warrant or warrant of arrest can only be issued upon a finding of probable cause. This probable cause must be determined personally by a judge after examining the complainant and witnesses under oath. As stated in Article III Section 2 1987 Philippine Constitution, the warrant must particularly describe the place to be searched or persons to be seized.   “SECTION 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.”   28-Jan-26  

About Nicolas and De Vega Law Offices

 

 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.