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    Rona Delima Solde
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    This document is a "Motion to Suppress Seized Evidence" filed by the accused, Mary Rose Pandi, through her public attorney. It requests that evidence seized during a search conducted under a search warrant be suppressed. It argues that the search warrant was invalid and violated the accused's constitutional rights. A hearing on the motion is scheduled for July 5, 2013.

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    2. Motion to Suppress Seized Evidence

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    This document is a "Motion to Suppress Seized Evidence" filed by the accused, Mary Rose Pandi, through her public attorney. It requests that evidence seized during a search conducted under a search warrant be suppressed. It argues that the search warrant was invalid and violated the accused's constitutional rights. A hearing on the motion is scheduled for July 5, 2013.

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    © All Rights Reserved
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    120 views3 pages

    Motion To Suppress Seized Evidence

    Uploaded by

    Rona Delima Solde
    This document is a "Motion to Suppress Seized Evidence" filed by the accused, Mary Rose Pandi, through her public attorney. It requests that evidence seized during a search conducted under a search warrant be suppressed. It argues that the search warrant was invalid and violated the accused's constitutional rights. A hearing on the motion is scheduled for July 5, 2013.

    Copyright:

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

    Republic of the Philippines

    REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


    10TH Judicial Region
    BRANCH 306
    Cagayan de Oro City

    PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 01-2476


    Plaintiff,

    -versus- FOR : Viol. Of Section 177, in


    Relation to Section 217
    of R.A 8293 (Copyright
    Infringement)
    MARY ROSE PANDE and JOHN
    DOE of #243 Zone 2 Kauswagan,
    Cagayan de Oro City ,
    Accused.
    x----------------------------------------/

    MOTION TO SUPPRESS SEIZED EVIDENCE

    COMES NOW, respondent MARY ROSE PANDI, through the undersigned


    counsel and unto this Honorable Court, most respectfully move for the quashal of the
    subject Search Warrant no. 01-2460 and avers :

    1.That on November 26, 2001, a Search Warrant was issued by the Regional
    Trial Court in Cities, Branch 25, for alleged violation of the Intellectual Property Code;

    2. That the Said Search Warrant was implemented by the members of the
    National Bureau of Investigation and seized several personal things of the accused
    listed in the List of Inventories issued by them ;

    3. That accused also filed before the Regional Trial Court of Cagayan de Oro
    City, RTC-Branch 25, a Motion to Quash Search Warrant on the ground that the said
    warrant does not comply with the requirements mandated by the Constitution and the
    provision of Rule 126 of the Rules of Court of Criminal Procedure;
    4. That invoking the right of the accused under Section 14, Rule 126 of the
    Revised Rules on Criminal Procedure, accused through counsel respectfully move that
    the seized evidence by virtue of the said questioned search warrant, be suppressed and
    not admitted by the court for being illegal and in violation of the right of the accused.

    WHEREFORE, premises considered, it is most respectfully prayed unto this


    Honorable Court that the seized evidence by virtue of the said questioned search
    warrant be suppressed and not admitted by the court for being illegal and in violation of
    the right of the accused.
    Such other relief and remedies as may deemed just and equitable under the
    premises are likewise prayed for.

    Cagayan de Oro City, June 28, 2013.

    Public Attorney’s Office


    Regional Office No. 10
    Cagayan de Oro District Office
    (Counsel for the Accused)

    By :

    ATTY. JUDYLITA GOMEZ-ALGODON


    Public Attorney I

    VERIFICATION

    Republic of the Philippines)


    City of Cagayan de Oro )

    I, MARY ROSE PANDI, of legal age, widow, Filipino citizen, after having been
    duly sworn to in accordance with law, do hereby depose and say :

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

    2. That I have caused the preparation of the foregoing MOTION TO SUPPRESS


    EVIDENCE ;

    3. I have read the foregoing MOTION TO SUPPRESS EVIDENCE and the


    allegations therein are true and correct of my own personal knowledge
    and/or based on authentic records.

    IN WITNESS WHEREOF, I have hereunto affixed my signature on this 28 th day of


    June, 2013 at Cagayan de Oro City, Philippines.

    MARY ROSE PANDI


    Affiant

    SUBSCRIBED AND SWORN to before me this 28 th day of June, 2013 in Cagayan


    de Oro City, Philippines. Affiant exhibited to me the Comm. Tax Cert. No. 14344 issued
    on February 14, 2013 at Cagayan de Oro City.
    NOTICE OF HEARING

    TO : DARIO MACASLING
    Complainant

    GREETINGS:

    Please be notified that the foregoing Motion to Suppress is set for hearing on
    July 5, 2013 at 8:30 A.M,for the kind consideration and approval of the Honorable
    Court.

    ATTY. JUDYLITA GOMEZ- ALGODON

    Copy furnished :

    HON. ELDRED C. COLE


    Office of the City Prosecutor
    Cagayan de Oro City

    DARIO F. MACASLING
    Complainant
    Kauswagan, Cagayan de Oro City

    EMILY G. CALINGIN
    Intellectual and Special Operation Division
    National Bureau of Investigation
    Cagayan de Oro City

    EXPLANATION OF SERVICE

    The above MOTION TO SUPPRESS SEIZED EVIDENCED was not served


    personally to counsel for the prosecution/private complainant and service by registered
    mail was resorted to due to distance, and lack of the undersigned’s office personnel
    thereby rendering personal service thereof inconvenient and impracticable.

    ATTY. JUDYLITA GOMEZ-ALGODON

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