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Pleadings Motion To Quash Search Warrant
Pleadings Motion To Quash Search Warrant
Pleadings Motion To Quash Search Warrant
The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1414
issued by this by this Honorable Court on and dated September 28, 2020, based on following
considerations:
1. That the search warrant issued does not describe with particularity the documents, books and
things to be seized and are in the nature of general warrants which are prohibited by the
Constitution.
Discussion
1. That the search warrants issued do not describe with particularity the documents, books and things to
be seized and are in the nature of general warrants which are prohibited by the Constitution.
1. Art III, Section 2 of the 1987 Constitution requires that “...no search warrant or warrant of
arrest shall issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things to be seized.”
2. Search warrant No. 1414 dated September 28, 2020 was served against the accused on
October 5, 2020 which directed any peace officer, to search the accused and the premises of
his office and residence, and to seize and take possession of the following personal properties,
to wit:
“General journals, general ledgers, subsidiary ledgers, trial balances, financial statements,
financial records, vouchers, receipts, portfolios and other documents and/or papers showing all
business transactions including balance sheets and profit and loss statements”
As “the subject of the offense, proceeds or fruits of the offense” or “used or intended to be
used as the means of committing the offense” described in the applications as “violation of the
National Internal Revenue Code and the Revised Penal Code”.
Andes, John Edcel Q. (201921165) LAW 124 Remedial Law 1 (Criminal Procedure)
Block 2-C
3. A search was made on the same day, October 5, 2020, pursuant to said search warrant,
wherein papers, documents and things were seized from the office of accused, including cash
money amounting to P15,250.00, which was not mentioned in the warrants.
4. Under the Constitution, said search warrant issued which does not describe with particularity
the documents, books and things to be seized, and sanctioned the seizure of virtually all
financial records of the accused, is prohibited for being in the nature of a general warrant, for
which reason it is void, and must be quashed.
WHEREFORE, it is respectfully prayed that Search Warrant No. 1414 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.
NOTICE OF HEARING
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 Tuesday, October 6, at 2 PM or
as soon as counsel and matter may be heard.
COPY FURNISHED: