REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MANILA CITY-BRANCH 9

PEOPLE OF THE PHILIPPINES,

Versus SEARCH WARRANT NO. 15-7409047
Michelle Aguilario, For: Legality of Selling Used Items
Respondent.
x-----------------------------------x

MOTION TO QUASH SEARCH WARRANT

Respondent, by undersigned counsel, unto this Honorable Court, respectfully states:

1. The Honorable Court has issued a Search Warrant dated February 13, 2021 against
herein respondent directing as follows:

“You are hereby commanded to make an immediate search at any time of the day or night
of the said stall and its premises located at the address indicated above and forthwith seize and
take possession of the foregoing personal items, to wit:
All textbooks that published by Z Bookstore, Incorporation
and to make a return of the same to the undersigned to be dealt with in accordance with the
law.

2. With all due respect to the Honorable Court, the subject Search Warrant is null and void
and should be quashed on the following grounds:

a. That there exist no probable cause for the issuance of the search warrant. It is very
clear on the testimony of the witnesses that the respondent was a buyer in good faith of
the second-hand books.
 b. That there is no law that is specifically punishing it and it is legal to sell second-hand
books so long as you sell them through a legal method.

Search and seizure by law enforcement officers is unreasonable when conducted

without a valid search warrant and without a probable cause to believe that the evidence of the
crime is present. There is no probable cause on the present case because what constitutes the
illegal act is by copying a book and selling it. Buying or selling a used book is not illegal, no
matter what kind of book it is. Furthermore, there is no copyright law against reselling or
purchasing used books in the Philippines.

WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed that: After due hearing

the merits of the instant Motion, an Order be issued recalling and declaring of no force and
effect the Search Warrant issued by the Honorable Court against herein respondent.

Respondent prays for such other reliefs just and equitable on the premises.

Respectfully submitted.

Manila City, February 13, 2021.

EIMA TUMJAR
Counsel for the Respondent
PTR No. 9870689/1-2-15/Manila
IBP. No. 8989696/1-2-15/Manila
Attorney’s Roll No. 456,678

2nd Floor Orchid Bldg., Moryata Street

Sampaloc, Manila