Will you please explain the section 2 of article iii-bill of rights, under Philippine Constitution (1987)?

Question

Will you please explain the section 2 of article iii-bill of rights, under Philippine Constitution (1987)?

Answer 1

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.

This simply means that the government, especially the police, cannot search nor seized anything from you without a warrant subject only to some exemptions. Example, let say you have an unliscensed gun in your house, even a police knew it, he still has to apply in the proper courts to secure a search warrant to search your house. Also, a police can not just arrest you without due process, subject only so certain exemptions also. So if the police feels that you are the suspect of a crime they are not a witness of, they also have to go to the courts to secure a warrant of arrest.  And to get a warrant of arrest, the judge must personnally issue it based on probable cause. Probable cause simple mean that "such reasons, supported by facts and circumstances as will warrant a cautious man in the belief that his action and the means taken in prosecuting it are legally just and proper. Thus, probable cause for a search warrant requires such facts and circumstances that would lead a reasonably prudent man to believe that an offense has been committed and the objects sought in connection with that offense are in the place to be searched" In short it simply means that a judge could not indiscriminately issued a warrant of arrest or a search warrant without reason.

Okay lets go to some exemptions wherein a police officer would no longer need a warrant of arrest nor a search warrant. For warrant of arrest, a police would no longer need one if you commit the crime in his presence (obviously, right?). Also, if you are a prisoner who esacape the prison (even private citizen can arrest you). For the exemption in search warrants, police no longer needs a search warrant if they are searching a moving vehicle because of the mobility of the vehicle. Also, search in "plain view", it simply means that the police have literrally seen an unlawful object.Also, search incidenal to a valid arrest. So if you are arrested, it would be funny if the police officers cannot search your body and have to secure a search warrant.

you have to relate this section with section 5 no. 2 wherein any evidence that the police officers got in violation of sec 2 cannot be use in evidence against you.

whew!