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Motion To Quash Warrant of Arrest

The document is a motion to quash a search warrant filed by the accused Yayo Morales' counsel, Maria Christina E. Gaviola. The motion argues that the search warrant should be quashed for two reasons: 1) Under Rule 126, sec. 10, a search warrant is only valid for 10 days from its date of issuance, but the warrant in question was served and the search conducted a month after its issuance date. 2) The warrant was issued on August 12, 2003 but the search was not conducted until September 23, 2003, making the warrant void under the 10-day validity period prescribed by law. The motion requests that the search warrant be quashed and any objects seized under it

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377 views2 pages

Motion To Quash Warrant of Arrest

The document is a motion to quash a search warrant filed by the accused Yayo Morales' counsel, Maria Christina E. Gaviola. The motion argues that the search warrant should be quashed for two reasons: 1) Under Rule 126, sec. 10, a search warrant is only valid for 10 days from its date of issuance, but the warrant in question was served and the search conducted a month after its issuance date. 2) The warrant was issued on August 12, 2003 but the search was not conducted until September 23, 2003, making the warrant void under the 10-day validity period prescribed by law. The motion requests that the search warrant be quashed and any objects seized under it

Uploaded by

bobbyricky
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Maria Christina E.

Gaviola 3B

Republic of the Philippines


REGIONAL TRIAL COURT
National Capital Region
Branch10 Quezon City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Criminal Case No. 00022

For: Libel

YAYO MORALES,

Accused.

x ---------------------------------------------- x

MOTION TO QUASH SEARCH WARRANT

The Accused, YAYO MORALES, by counsel, respectfully moves for the quashal of
Search Warrant No. 1000 issued by this Honorable Court on and dated 12 August 2003 based
on the following considerations:

1. Rule 126, sec. 10 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. 1122 is dated 12 August 2003. It was served on the accused on
23 September 2003, one month from its date of issuance as certified to by the Sworn Inventory
and Return executed by Major Alvin Tan, the leader of the searching tea. A copy is entered in
the records. A search was made on the same day, 23 September 2003 and certain objects and
belongings 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. 1000 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.

Quezon City; 25 September 2003.

Atty. MARIA CHRISTINA E. GAVIOLA

Counsel for Accused


REQUEST FOR AND NOTICE OF HEARING

The Branch Clerk of Court


Regional Trial Court
City of Quezon, Branch 10

Kindly submit the foregoing Motion to Quash Information for consideration and approval of the
Honorable Court immediately upon receipt thereof and kindly schedule the same for hearing on
27 September 2003 at 9:30 in the morning.

MARIA CHRISTINA E. GAVIOLA

Atty. Cecilia Pallarca


Counsel for Defendant
1130 Valencia Tower
Quezon City

Please take notice that the foregoing Motion for Judgment on the Pleadings is requested
to be heard on 27 September 2003 at 9:30 in the morning.

MARIA CHRISTINA E. GAVIOLA

Copy furnished:

Atty. Cecilia Pallarca


Counsel for Defendant
1130 Valencia Tower
Quezon City

EXPLANATION
(Pursuant to Rule 13, Sec. 11 of
the 1997 Rules of Civil Procedure)

The foregoing Motion for Judgment on the Pleadings is served upon the adverse party’s
counsel by registered mail due to distance constraints and the present lack of manpower to
personally serve the same.

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