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Motion To Quash Search Warrant

(1) The accused moves to quash Search Warrant No. 7777 issued on July 12, 2013 on grounds that it was served on July 23, 2013, exceeding the 10-day limit per the Rules of Court, and objects seized must be declared inadmissible; (2) Notice is served to the prosecution for a hearing on July 25; (3) Filing and service are via mail due to distance between court and counsels' offices.

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140 views

Motion To Quash Search Warrant

(1) The accused moves to quash Search Warrant No. 7777 issued on July 12, 2013 on grounds that it was served on July 23, 2013, exceeding the 10-day limit per the Rules of Court, and objects seized must be declared inadmissible; (2) Notice is served to the prosecution for a hearing on July 25; (3) Filing and service are via mail due to distance between court and counsels' offices.

Uploaded by

Edcel Andes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


Region III
Branch 16, City of San Fernando

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - Criminal Case No. 00044


For: Libel
NONONG DIZON,
Accused.
x ---------------------------------------------- x

MOTION TO QUASH SEARCH WARRANT

The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 7777
issued by this Honorable Court on and dated 12 July 2013 based on the following considerations:

1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall
be valid for ten (10) days from its date and that thereafter, it shall be void.

2. Search Warrant No. 7777 is dated 12 July 2013. It was served on the accused on 23 July 2013,
the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang
Alam, the leader of the searching team (a copy of which is already part of the records). A search was
made on the same day, 23 July 2013; pursuant to said search, certain objects were seized and delivered to
the court. Under the law, the Search Warrant is void and must, thus, be quashed.

WHEREFORE, it is respectfully prayed that Search Warrant No. 7777 be QUASHED and all
objects seized under its purported authority be declared INADMISSIBLE under the exclusionary rule in
Article III, Section 3(2) in relation to section 2 of the 1987 Constitution.

City of San Fernando; 25 July 2013.

(Sgd.) Atty. Rommelito Francisco E. Macarayo


Counsel for Accused
13-69 Barracks Building, Marikina
IBP NO. 87123-7/19/12-AC
PTR NO. 669913/21/12-AC
Roll No. 99998
MCLE Exempt
(Admitted to the bar: April 6, 2012)
NOTICE OF HEARING

Atty. Ezekiel Razon


Counsel for the Plaintiff
123 Gil Puyat Avenue, Makati City

Greetings: Please take notice that the foregoing Motion to Quash Search Warrant shall be
submitted for the consideration and approval of the Honorable Court on Thursday, July 25, at 10 AM or
as soon as counsel and matter may be heard.

Atty. Rommelito Francisco E. Macarayo

EXPLANATION

The foregoing Motion to Quash Search Warrant is being filed with this Honorable Court and
served on the opposing counsel by registered mail in view of the impracticability of personal filing and
service due to distance considering that the office of this Honorable Court is at the City of San Fernando
and that of the opposing counsel is at Mabalacat City, while undersigned counsel holds office in
Marikina.

Atty. Rommelito Francisco E. Macarayo

COPY FURNISHED:

Atty. Ezekiel Razon


Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat City

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