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 15th 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.
2. Search Warrant No. 5678 is dated 10 January 2014. It was served on the
accused on the 15th 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