Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Criminal Procedure › Search and Seizure (Rule 126) › Search and Seizure by Virtue of a Warrant › Search Warrant

i. Nature

According to Nature

  • Criminal; or
  • Civil.

Procedure and hearing

The hearing shall be summary in nature. However, the court, justice, or judge may call for a preliminary conference to simplify the issues and look at possibility of obtaining stipulations and admissions from the parties. (Sec. 15, A.M. No. 08-1-16-SC)

The RULES OF PROCEDURE FOR SMALL CLAIMS CASES shall apply in All Actions which are:

  • Purely civil in nature where the claim or relief prayed for by the plaintiff is solely for payment or reimbursement of sum of money.
  • The civil aspect of criminal actions either filed before the institution of the criminal action, or reserved upon the filing of the criminal action in court. (Section 4, Rule of Procedure for Small Claims Cases)