Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch 6
Dipolog City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - Criminal Case No.

12354
For: Libel
TONY STARK,
Accused.
x ---------------------------------------------- x

MOTION TO QUASH SEARCH WARRANT

The ACCUSED, by counsel, respectfully moves for the quashal of

Search Warrant No. 8574 issued by this Honorable Court on and dated 12
September 2020 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. 8574 is dated 12 September 2020. It was

served on the accused on 23 September 2020, the 11 th day from its date;
this is certified to by the Sworn Inventory and Return executed by Major
Awit Lang, 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 September 2020;
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.

Dipolog City; 25 September 2020.

STEVEN ROGERS
Counsel for Accused
Until December 31, 2020
Rogers Law Office, Dipolog City
Roll of Attorneys No. 23588
 IBP No. 822274; 03-21-19
PTR No. 3545692; 03-21-19
MCLE No. 001919; 06-05-19

NOTICE OF HEARING

Atty. T’chala Wakanda

Counsel for the Plaintiff
Silang Law Office
Estaka, Dipolog 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 Friday, September 25, at 10 AM or as soon as
counsel and matter may be heard.

Atty. STEVEN ROGERS

COPY FURNISHED:

Atty. T’chala Wakanda

Counsel for the Plaintiff
Silang Law Office
Estaka, Dipolog City