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Motion to Suppress Evidence

This document is a motion to suppress evidence seized in a criminal libel case. It argues that: 1) The search warrant was served 5 days late, making it void under the Rules of Court. 2) A motor vehicle seized does not fall under the scope of items that can be lawfully seized. It requests that all evidence, including a computer, publications, vehicle, and writings, seized under the void warrant be ruled inadmissible. The motion will be heard by the court on February 3.

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Ahmad Abduljalil
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385 views3 pages

Motion to Suppress Evidence

This document is a motion to suppress evidence seized in a criminal libel case. It argues that: 1) The search warrant was served 5 days late, making it void under the Rules of Court. 2) A motor vehicle seized does not fall under the scope of items that can be lawfully seized. It requests that all evidence, including a computer, publications, vehicle, and writings, seized under the void warrant be ruled inadmissible. The motion will be heard by the court on February 3.

Uploaded by

Ahmad Abduljalil
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 01, Davao City

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Crim. Case No 17-13


-versus- For: Libel

LEILA D. LANGHIYA
Accused,
x---------------------------------------x

MOTION TO SUPPRESS ILLEGALLY SEIZED EVIDENCE

The ACCUSED, through undersigned counsel and unto this Honorable


Court, respectfully moves for the suppression of objects seized on 25 January
2017, based on the following conditions:

1. Search Warrant No. 1234 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. 1234 was


Served beyond the 10 day period,
thus, should be void

1. Rule 126, Sec 10 of the Revised Rules of Court provides that a search
warrant shall be valid for ten (10) days from its date. Thereafter, it shall
be void.
2. Search Warrant No. 1234 is dated 10 January 2017. It was served on the
accused on the 15th day from its date, which is 25 January 2017. This is
certified to by the Sworn Inventory and Return executed by Major Bato
Delarosas, 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 2017;
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. 1234 be INADMISSIBLE under the exclusionary rule in
Article III, Section 3(2) In relation to section 2 of the 1987 Constitutuion.

Iligan City, Philipines, January 30, 2017.

DDD LAW OFFICE


Counsel for the Accused
Rm. 007 TNT Towers,
Sadaga, Davao City

By:

Rody R. Doterte
IBP No. 08-00132
PTR No. 08-00465
Roll No. 09-11431
NOTICE OF HEARING

COPY FURNISHED:

Office of the City Prosecutor


Hall of Justice
Davao City

Branch Clerk of Court


Regional Trial Court
Davao City
Branch 7

GREETINGS:
Please submit this Motion to Suppress Evidence on February 3, 2014 at 2:00
in the afternoon for the consideration and approval of this Honorable Court.

Rody R. Doterte

EXPLANATION

A copy of the foregoing Motion to Suppress Illegally Seized Evidence was


filed and served upon the prosecution via personal service.

Rody R. Doterte

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