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  • Pleading - Cerdeno - Motion To Surpress Evudence

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    Paul Ariola
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    The defendant, Mr. A, filed a motion to suppress evidence that was unlawfully seized from his bag without a search warrant. Police received a tip about the defendant carrying drugs but waited a week before apprehending and searching him, finding marijuana. The defendant argues the search and seizure was unconstitutional without a warrant. He requests the court suppress the evidence in accordance with the Philippine Constitution's protection against unreasonable searches and seizures.

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    Pleading_Cerdeno_Motion to Surpress Evudence

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    The defendant, Mr. A, filed a motion to suppress evidence that was unlawfully seized from his bag without a search warrant. Police received a tip about the defendant carrying drugs but waited a week before apprehending and searching him, finding marijuana. The defendant argues the search and seizure was unconstitutional without a warrant. He requests the court suppress the evidence in accordance with the Philippine Constitution's protection against unreasonable searches and seizures.

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    © All Rights Reserved
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    33 views3 pages

    Pleading - Cerdeno - Motion To Surpress Evudence

    Uploaded by

    Paul Ariola
    The defendant, Mr. A, filed a motion to suppress evidence that was unlawfully seized from his bag without a search warrant. Police received a tip about the defendant carrying drugs but waited a week before apprehending and searching him, finding marijuana. The defendant argues the search and seizure was unconstitutional without a warrant. He requests the court suppress the evidence in accordance with the Philippine Constitution's protection against unreasonable searches and seizures.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
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    of 3

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    Fifth Division Region
    Branch ____, Tabaco City

    PEOPLE OF THE PHILIPPINES,


    Plaintiff,

    -versus- CRIM. CASE NO. ______


    For: ILLEGALITY OF THE
    SEARCH
    A
    Defendant.
    X ----------------------------------------X

    MOTION TO SUPPRESS EVIDENCE UNLAWFULY SEIZED

    THE DEFENDANT, thru the undersigned Counsel, unto this


    Honorable Court, respectfully moves for the suppression of objects
    seized on 10 November 2019, based on the following conditions:

    1. That the bag seized was unlawful due to the fact that there was
    no search warrant.

    Discussion

    1. That a week ago, two policemen received an information from


    their informant that the defendant, Mr. A, was carrying illegal
    drugs known as marijuana;

    2. That after one week, the defendant was just walking on the
    sidewalk of LCC of Tabaco City and suddenly was
    apprehended by the policemen and searched his bag. Inside of
    the bag, the policemen found a bag of marijuana. The
    policemen then jailed the defendant and confiscated the
    evidence;

    3. That the policemen’s action in apprehending the defendant was


    unlawful due to the fact that they presented no search warrant
    issued by the court;

    4. That according to Section 5 Rule 113 of the Rules of Court, “a


    peace officer or a private person may, without a warrant, arrest
    a person when (a) in his presence, the person to be arrested
    has committed, is actually committing, or is attempting to
    commit an offense; (b) an offense has just been committed, and
    he has probable cause to believe based on personal knowledge
    of facts or circumstances that the person to be arrested has
    committed it; and (c) the person to be arrested is a prisoner
    who has escaped from a penal establishment or place where
    he is serving final judgment or is temporarily confined while his
    case is pending, or has escaped while being transferred from
    one confinement to another.”

    5. The defendant invokes Section 2 of Article III of the 1987


    Constitutions which states that “ the right of the people to be
    secure in their persons, houses, papers, and effects against
    unreasonable searches and seizures of whatever nature and
    for any purpose hall be inviolable, and no search warrant or
    warrant of arrest shall issue except upon probable cause to be
    determined personally by the judge after examination under
    oath or affirmation of the complainant and the witnesses he
    may produce, and particularly describing the place to be
    searched and the persons or things to be seized;

    PRAYER

    WHEREFORE, it is respectfully prayed for that all object seized


    be inadmissible under the general rule of Section 3 Article III of the
    1987 Constitution.

    Tabaco City, 12 November 2019

    RACHEL K. CERDEÑO
    Counsel for the Defendant
    Tiwi, Albay
    Roll No. ________ IBP No. __________ dated _________
    MCLE Compliance No. ______________________
    VERIFICATION AND CERTIFICATION OF NON-FORUM
    SHOPPING

    I, A, of legal age, single, Filipino and the defendant in the


    above entitled case, after being duly sword to in accordance with
    law, do hereby depose and state:

    1. That I am the defendant in the above-entitled case;

    2. That I caused the preparation of the complaint and I read the


    allegations contained therein and understood each of them to
    be true and correct of my own personal knowledge and beliefs
    and based on authentic documents;

    3. That I further certify that I have not commenced any action or


    proceeding involving the same issues in the Supreme Court,
    the Court of Appeals or different divisions thereof, or any court,
    tribunal or agency;

    4. That in the event that any action involving the same should be
    made known, I hereby bind myself to report the same within five
    (5) days from knowledge thereof to this Honorable Court.

    IN WITNESS WHEREOF, I hereunto affixed my signature this 12th


    day of November, 2019 at Legazpi City, Albay, Philippines.

    A
    Defendant

    SUBSCRIBED AND SWORD TO before me this 12th day of


    November, 2019 at Legazpi City.

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