Practice question
An ordinary Rule 126 warrant is first attempted twelve days after its date. No new warrant or independent lawful search basis exists. Officers say the issuing judge’s signature makes it permanently enforceable. Is that correct?
- Yes, a signature eliminates expiry.
- Yes, an unused warrant never expires.
- Yes, the ten days begin only when police first arrive.
- No; section 10 makes the warrant void after ten days from its date, so this warrant supplies no authority for the proposed search.
- No; all warrants expire immediately upon issuance.
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule 126 sections 7–12: entry, presence, search time, ten-day validity, receipt and return.
- https://elibrary.judiciary.gov.ph/assets/pdf/journals/Collation_and_Codification_of_SC_Issuance_DIGITAL.pdf — A.M. 21-06-08-SC, Rule 3 sections 3–8: search recording supplements other execution safeguards, PDF pages 704–706.
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