Republic of the Philippines

REGIONAL TRIAL COURT

Region IIIBranch 16, City of San Fernando
PEOPLE OF THE PHILIPPINES,
Plaintiff,
Criminal Case No. 00044
- versus For: Libel
NONONG DIZON,
Accused.
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MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant
No. 7777issued 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)