Practice question
The lawful occupant is absent, but a family member is present during the search. Must officers insist that section 8 always requires two additional local witnesses in every premises search?
- Yes, family presence is never sufficient.
- No; the provision first recognizes the lawful occupant or a family member and uses the two-witness alternative in their absence.
- Yes, only strangers can observe searches.
- No; therefore no one needs to observe.
- Yes, unless officers record a confession.
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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