Dear Wilbur,
A search warrant is a written order issued in the name of the People of the Philippines, signed by a judge, and directed to a peace officer, instructing them to search for specific personal property and bring it before the court (Section 1, Rule 126, Revised Rules of Criminal Procedure, as amended). Before issuing the warrant, the judge must personally examine the complainant and witnesses, under oath, to ensure there is probable cause for the search (Section 6, Rule 126).
Typically, a search warrant should be executed during the daytime, as specified in Section 9 of the rule. However, there are exceptions. For instance, if the property is believed to be on a person or at a location to be searched, the warrant may be served at any reasonable hour day or night. This flexibility allows for the exercise of judicial discretion in determining the timing of the search (People of the Philippines vs. Domingo, GR 204895, March 21, 2018).
In your brother’s case, if the search warrant allowed for execution at midnight and the court had valid reasons for authorizing such timing, then the police acted within their authority. The officers are required to follow the instructions laid out in the warrant and do not have discretion in determining the timing of the search. Therefore, the legality of the search conducted at midnight hinges on the specific details and permissions outlined in the warrant.
We hope this clarification helps address your concerns. Please feel free to reach out if you have any further questions or require additional assistance.
