1) Berto Sandigan filed a Motion to Quash the Search Warrant issued against him related to a theft case involving a Rolex watch.
2) The motion argues that the search warrant is null and void for two reasons: a) the police officer who applied for it had no authority to do so and b) there was no probable cause for its issuance as the evidence was based on mere suspicion.
3) The motion requests that after a hearing, an order be issued recalling and declaring the search warrant to have no force and effect against the respondent.
1) Berto Sandigan filed a Motion to Quash the Search Warrant issued against him related to a theft case involving a Rolex watch.
2) The motion argues that the search warrant is null and void for two reasons: a) the police officer who applied for it had no authority to do so and b) there was no probable cause for its issuance as the evidence was based on mere suspicion.
3) The motion requests that after a hearing, an order be issued recalling and declaring the search warrant to have no force and effect against the respondent.
1) Berto Sandigan filed a Motion to Quash the Search Warrant issued against him related to a theft case involving a Rolex watch.
2) The motion argues that the search warrant is null and void for two reasons: a) the police officer who applied for it had no authority to do so and b) there was no probable cause for its issuance as the evidence was based on mere suspicion.
3) The motion requests that after a hearing, an order be issued recalling and declaring the search warrant to have no force and effect against the respondent.
1) Berto Sandigan filed a Motion to Quash the Search Warrant issued against him related to a theft case involving a Rolex watch.
2) The motion argues that the search warrant is null and void for two reasons: a) the police officer who applied for it had no authority to do so and b) there was no probable cause for its issuance as the evidence was based on mere suspicion.
3) The motion requests that after a hearing, an order be issued recalling and declaring the search warrant to have no force and effect against the respondent.
Respondent, by undersigned counsel, unto this Honorable Court, respectfully states: 1. The Honorable Court has issued a Search Warrant dated September 8, 2014 against herein respondent directing as follows: You are hereby commanded to make an immediate search at anytime of the day or night of the said house and its premises located at the address indicated above and forthwith seize and take possession of the foregoing personal item, to wit: One Rolex Datejust II steel and white gold watch with Serial Number N72LK22 and to make a return of the same to the undersigned to be dealt with in accordance with law. 2. With all due respect to the Honorable Court, the subject Search Warrant is null and void and should be quashed due to the following grounds: a. SPO1 Dan V. Sarmiento who applied for the Search Warrant had no authority to do so. The records do not even show which particular police station he claims to represent. b. There exists no probable cause for the issuance of the search warrant. It is very clear from the testimony of witnesses that everything is based on suspicion. SPO1 Dan Sarmientos statement that he went to my place and saw me drinking beer and showing off a watch which looks like the description of the missing watch of Pedro Mamaril is obviously his own concoction to mislead the Honorable Court into believing that it is I who stole the watch and no one else. His story is too good to be true and can be proven by the witnesses of herein respondent who could attest to the fact as to where and with whom I was at that time I was allegedly seen by SPO1 Sarmiento. WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed that:
2 After due hearing the merits of the instant Motion, an Order 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 just and equitable in the premises. Respectfully submitted. Quezon City, September 17, 2014.
SEQUIOA WIL HARRELL
Counsel for the Respondent PTR No. 7842236/1-2-14/Quezon City IBP No. 8892487/1-2-14/Quezon City Attorneys Roll No. 54,811 2nd Floor Sunflower Bldg., 112 Quezon Ave. Quezon City, Metro Manila NOTICE The Clerk of Court RTC, Quezon City Branch 9 G r e e t i n g s: Please submit the foregoing Motion to Quash Search Warrant for the consideration and approval of the Honorable Court on September 26, 2014 at 8:30 a.m. SEQUIOA WIL HARRELL Copy Furnished: The City Prosecutor Justice Hall, Quezon City Pedro Mamaril Block 2, Lott 14, FVR Subd. Capitol Hills, Quezon City EXPLANATION Copy of the instant Motion to Quash Search Warrant was served upon the adverse party and counsel by registered mail due to lack of an office messenger to undertake personal service hereof. SEQUIOA WIL HARRELL
