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 12-26 Marina Arcade, Mabalacat 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
