This act independent of criminal action which may be

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Unformatted text preview: be seized and thus prevent unreasonable searches and seizures. (Bache and Co. v. Ruiz, 37 SCRA 823) Q: When is particularity of description complied with? A: For warrant of arrest, this requirement is complied with if it contains the name of the person/s to be arrested. If the name of the person to be arrested is not known, a John Doe warrant may be issued. A John Doe warrant will satisfy the constitutional requirement of particularity of description if there is some descriptio personae which is sufficient to enable the officer to identify the accused. For a search warrant, the requirement is complied with: 1. When the description therein is as specific as the circumstances will ordinarily allow; or 2. When the description expresses a conclusion of fact, not of law, by which the warrant officer may be guided in making the search and seizure; or ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 79 UST GOLDEN NOTES 2011 3. 1. When the things described are limited to those which bear direct relation to the offense for which the warrant is being issued 2. Note: If the articles desired to be seized have any direct relation to an offense committed, the applicant must necessarily have some evidence other than those articles, to prove said offense. The articles subject of search and seizure should come in handy merely to strengthen such evidence. Q: What are the properties subject to seizure? A: 1. Property subject of the offense 2. Stolen or embezzled property and other proceeds or fruits of the offense 3. Property used or intended to be used as means for the commission of an offense Q: What is probable cause? A: Probable cause is such facts and circumstances antecedent to the issuance of a warrant that in themselves are sufficient to induce a cautious man to rely on them and act in pursuance thereof. Q: What co...
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