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The only possible interest served by jailing Mr. Gillespie would perhaps be that Mr. Rodems would enjoy some degree of retribution against Mr. Gillespie, although undersigned counsel finds i…Full description
REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT QUEZON CITY-BRANCH 9
/OTION TO QUASH SEARCH WARRANT Respondent, by undersigned counsel, unto this Honorable Court, respectfully states: 1. The Honorable Honorable Court has has issued issued a Search Search Warrant Warrant dated dated September September 8, !1" !1" against herein respondent directing as follo#s: $%ou are hereby commanded to ma&e an immediate search at anytime of the day or night of the said house and its premises located at the address indicated abo'e and forth#ith sei(e and ta&e possession of the foregoing personal item, to #it:
)ne Role* +ateust -- steel and #hite gold #atch #ith Serial umber /0
and to ma&e a return of the same to the undersigned to be dealt #ith in accordance #ith la#.
. With all due due respect respect to the Honorable Honorable Court, the subect subect Search Search Warrant Warrant is null and 'oid and should be 2uashed due to the follo#ing grounds: a. S3)1 +an 4. 4. Sarmiento #ho applied for the Search Warrant had no authority to do so. The records do not e'en sho# #hich particular police station he claims to represent. b. There e*ists no probable cause for the issuance of the search #arrant. #arrant. -t is 'ery clear from the testimony of #itnesses that e'erything is based on suspicion. S3)1 +an Sarmiento5s statement that he #ent to my place and sa# me drin&ing beer and sho#ing off a #atch #hich loo&s li&e the description of the missing #atch of 3edro 6amaril is ob'iously his o#n concoction to mislead the Honorable Court into belie'ing that it is - #ho stole the #atch and no one else. His story is too good to be true and can be pro'en by the #itnesses of herein respondent #ho could attest to the fact as to #here and #ith #hom - #as at that time - #as allegedly seen by S3)1 Sarmiento.
WH7R7)R7, 3R76-S7S C)S-+7R7+, it is respectfully prayed that:
9fter due hearing the merits of the instant 6otion, an )rder be issued recalling and declaring of no force and effect the Search Warrant issued by the Honorable Court against herein respondent. Respondent prays for such other reliefs ust and e2uitable in the premises. Respectfully submitted. ue(on City, September 1/, !1".
SEQUIOA WIL HARRELL Counsel for the Respondent 3TR o. /8";<=1>>1"=ue(on City -?3 o. 88@"8/=1>>1"=ue(on City 9ttorney5s Roll o. A",811
The Cler& of Court RTC, ue(on City ?ranch @ B r e e t i n g s: 3lease submit the foregoing 6otion to uash Search Warrant for the consideration and appro'al of the Honorable Court on September <, !1" at 8:;! a.m.
SEQUIOA WIL HARRELL
Copy urnished: The City 3rosecutor ustice Hall, ue(on City 3edro 6amaril ?loc& , 0ott 1", 4R Subd. Capitol Hills, ue(on City E0PLANATION
Copy of the instant 6otion to uash Search Warrant #as ser'ed upon the ad'erse party and counsel by registered mail due to lac& of an office messenger to underta&e personal ser'ice hereof.
