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Motion To Quash Sample
Motion To Quash Sample
Motion To Quash Sample
PREFATORY STATEMENT
1.
arrest was performed after the accused had been duly informed of his
constitutional rights.
2.
that the warrantless arrest was the result of a valid buy-bust operation,
no actual buy-bust operation did in fact take place. As stated by the
accused in his Counter-Affidavit, members of the Philippine Drug
Enforcement Agency (PDEA) broke into his house by breaking open the
padlock of his garage gate. Without introducing themselves as PDEA
officers or presenting any warrant, 12-15 operatives of the PDEA armed
with high-powered firearms then stormed his home confiscating
money, cellular phones and other valuables from the persons of the
accused and his visitors. The PDEA members then proceeded to haul
off various items from within the home of the accused.
3.
4.
5.
9.
6.
the voluntary appearance of the accused is that the court does not
acquire jurisdiction over his/her person.4 There is no recourse left other
3
4
than to quash the present information, as the court has not acquired
jurisdiction over the person of the accused.
PRAYER
COPY FURNISHED:
NOTICE OF HEARING
Greetings:
Please take notice that the foregoing Motion will be submitted for
the Courts consideration and resolution on 24 September 2010 at
8:30 a.m. or as soon thereafter as matter and counsel may be heard.
COPY FURNISHED:
THE BRANCH CLERK OF COURT
Regional Trial Court
National Capital Judicial Region
Quezon City, Branch 100
THE HONORABLE ASSISTANT CITY PROSECUTOR
Office of the City Prosecutor
Hall of Justice, Quezon City