REPUBLIC OF THE PHILIPPINES Third Judicial Region REGIONAL TRIAL COURT City of Angeles, Pampanga Branch _____
PEOPLE OF THE PHILIPPINES, Plaintiff,
versus-
CRIM. CASE No. 987654-21 -forLibel
JOHN DOE Accused. x -------------------------------------------------------------------------- x
MOTION TO SUPPRESS EVIDENCE UNLAWFULY SEIZED
The ACCUSED, through the undersigned counsel and unto this Honourable Court, respectfully moves for the suppression of objects seized on 25 January 2014, based on the following conditions: 1. Search Warrant No. 5678 was served on the 15 th day and is, thus, void. 2. The motor vehicle seized does not fall within the property that may be lawfully seized. Discussion Search Warrant No. 5678 was served beyond the 10 day period, thus, should be void
1. Rule 126, Sec. 10 of the Revised Rules of Court provides expressly that a search warrant shall be valid for ten (10) days from its date. Thereafter, it shall be void. void. 2. Search Warrant No. 5678 is dated 10 January 2014. It was served on the accused on the 15 th day from its date, which is 25 January 2014. This is certified to by the Sworn Inventory and Return executed by Major Juan Dela Cruz, the leader of the searching team (copy of which is already part of the records). A search was made on the same day, 25 January 2014; pursuant to said search, certain objects were seized and delivered to the court. Contrary to law, the Search Warrant is void and must be quashed. 3. No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed: personal computer, printed material of the published article in question, motor vehicle, and other write ups.
PRAYER WHEREFORE, it is respectfully prayed for that all object seized under the void Search Warrant No. 5678 be INADMISSIBLE under the exclusionary rule in Article III, Section 3(2) in relation to section 2 of the 1987 Constitution.
Angeles City, Philippines, February 27, 2014. JCM LAW FIRM Counsel for Accused 101 Marlim Mansion Hotel, Balibago, Angeles City, Pampanga
By: Joannabie C. Mesina IBP No. _____________ PTR No. _____________ Roll No. _____________
NOTICE OF HEARING/COPY FURNISHED
COPY FURNISHED: Office of the City Prosecutor Hall of Justice Angeles City JAP LAW FIRM Private Prosecutor Kalayaan Bldg, Dolores, San Fernando, Pampanga Branch Clerk of Court Regional Trial Court Angeles City Branch 58 GREETINGS:
Please submit this Motion to Suppress Evidence on March 10, 2014 at 10:00 AM. for the consideration and approval of this Honorable Court.
Joannabie C. Mesina
EXPLANATION
A copy of the foregoing Motion to Suppress Evidence was filed and served upon the prosecution via registered mail on grounds of proximity of the offices of counsels, practicability and time constraints.
Joannabie C. Mesina
