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    Pleadings Motion To Quash Search Warrant

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    Edcel Andes
    The accused filed a Motion to Quash Search Warrant No. 1414 issued against him for violation of the National Internal Revenue Code. The motion argues that the search warrant is unconstitutional as it fails to describe with particularity the documents and things to be seized, instead allowing seizure of virtually all of the accused's financial records. This violates the prohibition against general warrants. The motion requests that the search warrant be quashed and any objects seized under it be declared inadmissible. A Notice of Hearing was also filed setting the motion for hearing on the next day.

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    Pleadings Motion To Quash Search Warrant

    Uploaded by

    Edcel Andes
    113 views3 pages
    The accused filed a Motion to Quash Search Warrant No. 1414 issued against him for violation of the National Internal Revenue Code. The motion argues that the search warrant is unconstitutional as it fails to describe with particularity the documents and things to be seized, instead allowing seizure of virtually all of the accused's financial records. This violates the prohibition against general warrants. The motion requests that the search warrant be quashed and any objects seized under it be declared inadmissible. A Notice of Hearing was also filed setting the motion for hearing on the next day.

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    The accused filed a Motion to Quash Search Warrant No. 1414 issued against him for violation of the National Internal Revenue Code. The motion argues that the search warrant is unconstitutional as it fails to describe with particularity the documents and things to be seized, instead allowing seizure of virtually all of the accused's financial records. This violates the prohibition against general warrants. The motion requests that the search warrant be quashed and any objects seized under it be declared inadmissible. A Notice of Hearing was also filed setting the motion for hearing on the next day.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    113 views3 pages

    Pleadings Motion To Quash Search Warrant

    Uploaded by

    Edcel Andes
    The accused filed a Motion to Quash Search Warrant No. 1414 issued against him for violation of the National Internal Revenue Code. The motion argues that the search warrant is unconstitutional as it fails to describe with particularity the documents and things to be seized, instead allowing seizure of virtually all of the accused's financial records. This violates the prohibition against general warrants. The motion requests that the search warrant be quashed and any objects seized under it be declared inadmissible. A Notice of Hearing was also filed setting the motion for hearing on the next day.

    Copyright:

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

    Andes, John Edcel Q.

    (201921165) LAW 124 Remedial Law 1 (Criminal Procedure)


    Block 2-C

    Republic of the Philippines


    REGIONAL TRIAL COURT
    National Capital Region
    Branch 105, Quezon City

    PEOPLE OF THE PHILIPPINES


    Plaintiff,
    -versus- Criminal Case No. ___________
    For: Violation of Sec. 254 of the
    National Internal Revenue Code
    (Attempt to Evade or Defeat Tax)
    RAUL DESEMBRENA JR.,
    Accused
    xx--------------------------------------xx

    MOTION TO QUASH SEARCH WARRANT

    The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1414
    issued by this by this Honorable Court on and dated September 28, 2020, based on following
    considerations:
    1. That the search warrant issued does not describe with particularity the documents, books and
    things to be seized and are in the nature of general warrants which are prohibited by the
    Constitution.
    Discussion

    1. That the search warrants issued do not describe with particularity the documents, books and things to
    be seized and are in the nature of general warrants which are prohibited by the Constitution.
    1. Art III, Section 2 of the 1987 Constitution requires that “...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.”
    2. Search warrant No. 1414 dated September 28, 2020 was served against the accused on
    October 5, 2020 which directed any peace officer, to search the accused and the premises of
    his office and residence, and to seize and take possession of the following personal properties,
    to wit:

    “General journals, general ledgers, subsidiary ledgers, trial balances, financial statements,
    financial records, vouchers, receipts, portfolios and other documents and/or papers showing all
    business transactions including balance sheets and profit and loss statements”

    As “the subject of the offense, proceeds or fruits of the offense” or “used or intended to be
    used as the means of committing the offense” described in the applications as “violation of the
    National Internal Revenue Code and the Revised Penal Code”.
    Andes, John Edcel Q. (201921165) LAW 124 Remedial Law 1 (Criminal Procedure)
    Block 2-C

    3. A search was made on the same day, October 5, 2020, pursuant to said search warrant,
    wherein papers, documents and things were seized from the office of accused, including cash
    money amounting to P15,250.00, which was not mentioned in the warrants.
    4. Under the Constitution, said search warrant issued which does not describe with particularity
    the documents, books and things to be seized, and sanctioned the seizure of virtually all
    financial records of the accused, is prohibited for being in the nature of a general warrant, for
    which reason it is void, and must be quashed.

    WHEREFORE, it is respectfully prayed that Search Warrant No. 1414 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.

    Quezon City; 6 October 2020.

    (Sgd. Atty. John Edcel Andes)


    Counsel for Accused
    [Brgy. Holy Spirit, Quezon City]
    Andes, John Edcel Q. (201921165) LAW 124 Remedial Law 1 (Criminal Procedure)
    Block 2-C

    NOTICE OF HEARING

    Atty. Juan Dela Cruz


    Counsel for the Plaintiff
    123 Gil Puyat Avenue, Makati City

    Greetings: Please take notice that the foregoing Motion to Quash Search Warrant shall be
    submitted for the consideration and approval of the Honorable Court on Tuesday, October 6, at 2 PM or
    as soon as counsel and matter may be heard.

    Atty. John Edcel Q. Andes

    COPY FURNISHED:

    Atty. Juan Dela Cruz


    Counsel for the Plaintiff
    123 Gil Puyat Avenue, Makati City

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