Rule 126 Rules of Court Anda. M. NO. 99-8-09-SC
Rule 126 Rules of Court Anda. M. NO. 99-8-09-SC
Rule 126 Rules of Court Anda. M. NO. 99-8-09-SC
Section 10. Validity of search warrant. A search warrant shall be valid for ten (10) days
from its date. Thereafter it shall be void. (9a)
Section 11. Receipt for the property seized. The officer seizing property under the
warrant must give a detailed receipt for the same to the lawful occupant of the premises in
whose presence the search and seizure were made, or in the absence of such occupant, must,
in the presence of at least two witnesses of sufficient age and discretion residing in the same
locality, leave a receipt in the place in which he found the seized property. (10a)
Section 12. Delivery of property and inventory thereof to court; return and proceedings
thereon.
(a) The officer must forthwith deliver the property seized to the judge who issued the
warrant, together with a true inventory thereof duly verified under oath.
(b) Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if
the return has been made, and if none, shall summon the person to whom the warrant
was issued and require him to explain why no return was made. If the return has been
made, the judge shall ascertain whether section 11 of this Rule has been complained
with and shall require that the property seized be delivered to him. The judge shall see to
it that subsection (a) hereof has been complied with.
(c) The return on the search warrant shall be filed and kept by the custodian of the log
book on search warrants who shall enter therein the date of the return, the result, and
other actions of the judge.
A violation of this section shall constitute contempt of court.(11a)
Section 13. Search incident to lawful arrest. A person lawfully arrested may be searched
for dangerous weapons or anything which may have been used or constitute proof in the
commission of an offense without a search warrant. (12a)
Section 14. Motion to quash a search warrant or to suppress evidence; where to file.
A motion to quash a search warrant and/or to suppress evidence obtained thereby may be
filed in and acted upon only by the court where the action has been instituted. If no
criminal action has been instituted, the motion may be filed in and resolved by the court
that issued the search warrant. However, if such court failed to resolve the motion and a
criminal case is subsequent filed in another court, the motion shall be resolved by the
latter court. (n)
7. Motions for reconsideration shall be resolved by the Division with the concurrence of at
least three of its Members.
If there are pleadings, motions or incidents subsequent to the denial with finality of the motion for
reconsideration, the case shall be acted upon by the Division which rendered the Decision or signed
Resolution.
This Resolution shall take effect upon its publication in two (2) newspapers of general circulation in the
Philippines.
Let a copy of this Resolution be Furnished the Integrated Bar of the Philippines, which is hereby directed
to disseminate copies thereof to its Members.
Promulgated this 17th day of November 2009.