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    Eunice Valeriano Guadalope
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    The defendant filed a motion to quash the search warrant issued against him for alleged violation of the Comprehensive Dangerous Drugs Act of 2002. He argues that the search warrant is invalid because it did not specify the date of its expiration and did not direct that it be served during daytime hours, in violation of the prescribed guidelines for issuing search warrants. The defendant requests that the search warrant be quashed and any evidence seized under it be declared inadmissible.

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    Motion to Quash

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    Motion to Quash

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    The defendant filed a motion to quash the search warrant issued against him for alleged violation of the Comprehensive Dangerous Drugs Act of 2002. He argues that the search warrant is invalid because it did not specify the date of its expiration and did not direct that it be served during daytime hours, in violation of the prescribed guidelines for issuing search warrants. The defendant requests that the search warrant be quashed and any evidence seized under it be declared inadmissible.

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    101 views1 page

    Motion To Quash

    Uploaded by

    Eunice Valeriano Guadalope
    The defendant filed a motion to quash the search warrant issued against him for alleged violation of the Comprehensive Dangerous Drugs Act of 2002. He argues that the search warrant is invalid because it did not specify the date of its expiration and did not direct that it be served during daytime hours, in violation of the prescribed guidelines for issuing search warrants. The defendant requests that the search warrant be quashed and any evidence seized under it be declared inadmissible.

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    © All Rights Reserved
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    of 1

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    FIRST JUDICIAL REGION
    Baguio City, Branch III
    PEOPLE OF THE PHILIPPINES,
    Plaintiff,
    - versus RICARDO MANUEL RODRIGUEZ,
    Defendant,
    x- - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -x

    Criminal Case No. 25476


    -ofViolation of RA 9165 known as the
    'Comprehensive Dangerous Drugs
    Act of 2002'

    MOTION TO QUASH SEARCH WARRANT


    The accused, by counsel, respectfully moves for the quashal of the Search Warrant
    issued by Judge Artnell Nunez-De Leonueva of the Regional Trial Court of Baguio City, Branch
    III, directed to herein accused and his property based on the following considerations:
    1. According to Administrative Circular No. 13, issued by Clerk of Court Gloria C. Paras
    and entitled, GUIDELINES AND PROCEDURE IN THE ISSUANCE OF SEARCH WARRANTS,
    Search warrants must be in duplicate, both signed by the judge. The duplicate copy thereof
    must be given to the person against whom the warrant is issued and served. Both copies of
    the warrant must indicate the date until when the warrant shall be valid and must direct that
    it be served in the daytime. If the judge is satisfied that the property is in the person or in
    the place ordered to be searched, a direction may be inserted in the warrants that it be
    served at any time of the day or night
    2. The search warrant issued by Judge Artnell Nunez-De Leonueva of the Regional
    Trial Court of Baguio City, Branch III, directed to herein accused and his property, however,
    does not indicate the date until when the warrant shall be valid. Moreover, the issuing
    Judge did not direct that it be served in the daytime, in accordance to the aforementioned
    Administrative Circular.
    3. As regards the propriety of search warrants, Section 3 (e), Rule 117 of the Rules of
    Court expressly provides that:
    Sec. 3. Grounds. The accused may move to quash the complaint
    or information on any of the following grounds:
    (e) That it does not conform substantially to the prescribed form;
    4. In light of the clear violation of the prescribed form, the subject search warrant
    must be declared void and must be quashed.
    WHEREFORE, it is respectfully prayed that the subject search warrant 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.
    Signed in Baguio City; 28 August 2015.

    Atty. Miguel Gustavo Villafuerte


    Counsel for Accused
    #2 B E Jacinto St., Concepcion, Baguio City
    IBP NO. 87123-7/19/12-AC
    PTR NO. 669913/21/12-AC
    Roll No. 94570
    MCLE Exempt

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