Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region
Quezon City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

Criminal Case No. 9137

For: Sedition

PEDRO MENDOZA,
ARMANDO REYES, AND
NESTOR VILLAREAL
Accused,
x ---------------------------------------------- x
MOTION TO QUASH SEARCH WARRANT
The ACCUSED, by counsel, respectfully moves for the quashal of
Search Warrant No.124 issued by this Honorable Court on and dated 24
August 2016 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 24 August 2016. It was served
on the accused on 4 September 2016, the 11th day from its date; this is
certified to by the Sworn Inventory and Return executed by Major Procopio
Malitlit, the leader of the searching team (a copy of which is already part of
the records). A search was made on the same day, 4 September 2016;
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. 124
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; 8 September 2016.
(Sgd.) Atty. Jesus S. Coming
Counsel for Respondent
203 Prince David Condominium, Quezon City
IBP NO. 09478-7/08/15-AC
PTR NO. 696969/11/15-AC
Roll No. 10808
MCLE Exempt
(Admitted to the bar: December 10, 2010)

NOTICE OF HEARING
Atty. Ben Baquilod
Counsel for the Plaintiff
8 Esteban Abada st., Loyola Heights, Quezon 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, September 8, at 10 AM or as soon as counsel
and matter may be heard.
Atty. Jesus S. Coming

COPY FURNISHED:
Atty. Ben Baquilod
Counsel for the Plaintiff
8 Esteban Abada st., Loyola Heights, Quezon City