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    By Jose Lorenzo R. Dela Rosa

    Uploaded by

    Yaz Carloman
    This document discusses search warrants under Philippine law. It notes that the 1987 Constitution protects against unreasonable searches and seizures. A search warrant can be issued by any court where a crime was committed or by Special Commercial Courts in Metro Manila which can issue nationwide warrants for intellectual property violations. A search warrant can be issued for personal property that is subject to an offense, stolen, or intended to be used in committing an offense. The document outlines the procedure for executing and returning a search warrant, and notes they are valid for 10 days.

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    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd

    By Jose Lorenzo R. Dela Rosa

    Uploaded by

    Yaz Carloman
    82 views17 pages
    This document discusses search warrants under Philippine law. It notes that the 1987 Constitution protects against unreasonable searches and seizures. A search warrant can be issued by any court where a crime was committed or by Special Commercial Courts in Metro Manila which can issue nationwide warrants for intellectual property violations. A search warrant can be issued for personal property that is subject to an offense, stolen, or intended to be used in committing an offense. The document outlines the procedure for executing and returning a search warrant, and notes they are valid for 10 days.

    Original Description:

    PPT search warrant

    Original Title

    Search Warrant

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    This document discusses search warrants under Philippine law. It notes that the 1987 Constitution protects against unreasonable searches and seizures. A search warrant can be issued by any court where a crime was committed or by Special Commercial Courts in Metro Manila which can issue nationwide warrants for intellectual property violations. A search warrant can be issued for personal property that is subject to an offense, stolen, or intended to be used in committing an offense. The document outlines the procedure for executing and returning a search warrant, and notes they are valid for 10 days.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    82 views17 pages

    By Jose Lorenzo R. Dela Rosa

    Uploaded by

    Yaz Carloman
    This document discusses search warrants under Philippine law. It notes that the 1987 Constitution protects against unreasonable searches and seizures. A search warrant can be issued by any court where a crime was committed or by Special Commercial Courts in Metro Manila which can issue nationwide warrants for intellectual property violations. A search warrant can be issued for personal property that is subject to an offense, stolen, or intended to be used in committing an offense. The document outlines the procedure for executing and returning a search warrant, and notes they are valid for 10 days.

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    © All Rights Reserved
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    By Jose Lorenzo R.

    Dela Rosa

    1987 Constitution
    Art. III 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 judge after
    examination under oath or affirmation of the
    complaint and the witnesses he may produce,
    and particularly describing the place to be
    searched and the persons or things to be
    seized.

    WHERE
    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.

    WHERE

    PILIPINAS SHELL PETROLEUM


    CORPORATION AND PETRON
    CORPORATION
    v.
    ROMARS INTERNATIONAL GASES
    CORPORATION
    (February 16, 2015)

    WHERE

    Criminal Procedure
    Rule 10, Sec.2 Special Commercial Courts in
    the National Capital Judicial Region with
    authority to issue search warrants enforceable
    nation wide.
    Special Commercial Courts in Quezon City,
    Manila, Makati and Pasig shall have authority
    to act on application for the issuance of search
    warrants involving violations of the Intellectual
    Property Code, which search warrants shall be
    enforceable nationwide.

    WHERE

    Criminal Procedure
    Rule 10, Sec.2 Special Commercial Courts in
    the National Capital Judicial Region with
    authority to issue search warrants enforceable
    nation wide.
    Within their respective territorial
    jurisdictions, the Special Commercial courts in
    the judicial regions where the violation of
    intellectual property rights occurred shall have
    concurrent jurisdiction to issue search
    warrants.

    WHERE

    However, if the criminal action has


    already been filed, the application
    shall only be made in the court
    where the criminal action is pending.

    WHAT

    Search warrant may be issued for the


    search and seizure of personal
    property:
    (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.

    A.M. NO. 02-1-06 SC


    RULE ON SEARCH AND SEIZURE IN CIVIL
    ACTIONS FOR INFRINGEMENT OF
    INTELLECTUAL PROPERTY RIGHTS
    A.M. NO. 03-8-02 SC
    HEINOUS CRIMES, DRUGS, AMLC

    HOW

    Break open
    Witness occupant /
    2 witness

    Daytime / Nighttime
    Receipt + Inventory

    VALIDITY
    10 DAYS
    RETURN

    QUASAL/
    SUPPRESSION
    1.
    2.

    Where issued
    Where pending

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