Republic of the Philippines

REGIONAL TRIAL COURT

Region III
Branch 16, City of San Fernando
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 00044

For: Libel

NONONG DIZON,
Accused.
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 7777
issued by this Honorable Court on and dated 12 July 2013 based on the following considerations:
1. Rule 126, Sec. 10 or the Revised Rules of Court provides expressly that a search warrant shall
be valid for ten (10) days from its date and that thereafter, it shall be void.
2. Search Warrant No. 7777 is dated 12 July 2013. It was served on the accused on 23 July 2013,
the 11th day from its date; this is certified to by the Sworn Inventory and Return executed by Major Alang
Alam, the leader of the searching team (a copy of which is already part of the records). A search was
made on the same day, 23 July 2013; pursuant to said search, certain objects were seized and delivered to
the court. Under the law, the Search Warrant is void and must, thus, be quashed.
WHEREFORE, it is respectfully prayed that Search Warrant No. 7777 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.
City of San Fernando; 25 July 2013.
(Sgd.) Atty. Rommelito Francisco E. Macarayo
Counsel for Accused
13-69 Barracks Building, Marikina
IBP NO. 87123-7/19/12-AC
PTR NO. 669913/21/12-AC
Roll No. 99998
MCLE Exempt
(Admitted to the bar: April 6, 2012)

NOTICE OF HEARING
Atty. Ezekiel Razon
Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat 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 Thursday, July 25, at 10 AM or as
soon as counsel and matter may be heard.
Atty. Rommelito Francisco E. Macarayo

EXPLANATION
The foregoing Motion to Quash Search Warrant is being filed with this Honorable Court and
served on the opposing counsel by registered mail in view of the impracticability of personal filing and
service due to distance considering that the office of this Honorable Court is at the City of San Fernando
and that of the opposing counsel is at Mabalacat City, while undersigned counsel holds office in Marikina.
Atty. Rommelito Francisco E. Macarayo

COPY FURNISHED:
Atty. Ezekiel Razon
Counsel for the Plaintiff
12-26 Marina Arcade, Mabalacat City