CLJ

Subdecks (3)

Cards (65)

  • Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. 
  • Warrant of arrest is an order in writing issued in the name of people of the philippines, signed by the judge and directed to a peace officer, commanding him to arrest a person or persons stated therein, and deliver them before the court. (Gacayan, 2005)
  • The requisites of a valid warrant of arrest are the following:
    1. It should be issued upon probable cause.
    2. The probable cost is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and
    3. Particularly describing the person to be arrested. (Section 2, Article 3 of the Philippine Constitution)
  • Search is defined as the act of looking into carefully in order to find some concealed items.
  • 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 describe therein and bring it before the court. (Section 1, Rule 126 of the Rules of Court)
  • The requisites of a valid search warrant are the following:
    1. It should be issued upon probable cause.
    2. The probable cause is determined personally by the judge upon examination under oath or affirmation of the complainant and the witnesses he may produce; and
    3. Particularly describing the things and place to be searched. (Sec. 2, Article 3 of the Philippine Constitution)