Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 22, Davao City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIMINAL CASE No. 00937

-versus-
FOR: LIBEL

BRUNO MARS
Accused.

x------------------------------------x

MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED AND RETURN OF

PROPERTY SEIZED

The accused, by counsel, respectfully moves for the suppression of

objects seized on 2 March 2020, pursuant to Search Warrant No. 1212
issued by this Honorable Court dated 20 February 2020, based on the
following considerations:

1. Search Warrant No. 1212 was served on the 11 th day and is,
thus, void.

2. The motor vehicle seized does not fall within the property
that may lawfully be seized.

DISCUSSION

[1] Search Warrant No. 1122 was

served on the 11th day and is, thus,
void.

1. Rule 126, Sec. 10 of 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. 1122 is dated 20 February 2020. It was
served on the accused on 2 March 2020, the 11 th day from its date; this is
certified to by the Sworn Inventory and Return executed by Major Yi Sun
Shin, the leader of the searching team (a copy of which is already part of
the records). A search was made on the same day, 2 March 2020; pursuant
to said search, certain objects were seized and delivered to the court.
Under the law, the Search Warrant is void.

3. No valid seizure may be made under a void warrant. For this

reason, the following objects must be suppressed:

i. Company Books and Ledgers

ii. 12 Military-grade M-16 Assault Rifles with 12 Bullet Cartridges
iii. Two (2) Glock-16 Handguns with Two (2) Bullet Cartridges
iv. Three (3) Military-grade Fragmentation grenades

[2] The motor vehicle seized does

not fall within the property that
may lawfully be seized.

4. On the occasion of the search, the searching party also “seized”

accused’s green Jaguar XJE with license plate, “No. 1", allegedly for being
subject of the offense. Thereafter, it was impounded and kept at the PNP
Motor Pool.

5. The motor vehicle cannot be subject of the offense as accused is

charged with libel. There is no relation between the motor vehicle and libel.

6. Moreover, the motor vehicle is not mala prohibita that would

justify a seizure thereof; neither could there be a seizure of evidence in
plain view.

PRAYER

WHEREFORE, it is respectfully prayed that all objects seized under

the void Search Warrant No. 7777 be declared INADMISSIBLE under the
exclusionary rule in Article III, section 3(2) in relation to Section 2 of the
1987 Constitution.

Furthermore, it is prayed that the White Nissan Patrol Safari Edition

with license plate “LOL 999" be immediately returned to the accused.

City of Davao. March 14, 2020.

 VILLARIN LAW
Unit 11 & 12,City Triangle Corporate Center,
CM Recto St., Davao City

By:

ATTY. PAULO JOSE S. VILLARIN

Roll of Attorneys No. 696969
PTR No. 69669, 4-24-20, Davao City
IBP No. 5559, 4-24-20, Davao City
MCLE Compliance No. VII-0220293; 4-19-19
Valid until April 14, 2022
Ecoland, Davao City

Copy furnished:

Atty. Lyndzelle Ramona Irvina Olaco VIII

Door 12 , 2NE1 Compound, Alpha Street,
Matina, Davao City
NOTICE
The Branch Clerk of Court
Regional Trial Court
Branch 22, Davao City

Please set the foregoing Motion for the consideration and approval
of the Honorable Court on March 18 at 8:30 a.m., without appearance of,
or further arguments from, counsel.

PAULO JOSE S. VILLARIN

Counsel for the Plaintiff

Atty. Lyndzelle Ramona Irvina Olaco VIII

Door 12 , 2NE1 Compound, Alpha Street,
Matina, Davao City
 Please take notice that the foregoing Motion will be set for the
consideration and approval of the Honorable Court on March 18 2020 at
8:30 a.m., without appearance of, or further arguments from, counsel

PAULO JOSE S. VILLARIN

Counsel for the Plaintiff