REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
QUEZON CITY-BRANCH 9
PEOPLE OF THE PHILIPPINES,
versus

SEARCH WARRANT NO. 13-22062

For: Theft, Art. 306 RPC

BERTO SANDIGAN,
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 September 8, 2014
against herein respondent directing as follows:
You are hereby commanded to make an immediate search at anytime of
the day or night of the said house and its premises located at the address
indicated above and forthwith seize and take possession of the foregoing
personal item, to wit:
One Rolex Datejust II steel and white gold watch with Serial Number
N72LK22
and to make a return of the same to the undersigned to be dealt with in
accordance with law.
2. With all due respect to the Honorable Court, the subject Search Warrant is
null and void and should be quashed due to the following grounds:
a. SPO1 Dan V. Sarmiento who applied for the Search Warrant had no
authority to do so. The records do not even show which particular
police station he claims to represent.
b. There exists no probable cause for the issuance of the search warrant. It is
very clear from the testimony of witnesses that everything is based on
suspicion.
SPO1 Dan Sarmientos statement that he went to my place and saw me drinking
beer and showing off a watch which looks like the description of the missing
watch of Pedro Mamaril is obviously his own concoction to mislead the
Honorable Court into believing that it is I who stole the watch and no one else.
His story is too good to be true and can be proven by the witnesses of herein
respondent who could attest to the fact as to where and with whom I was at that
time I was allegedly seen by SPO1 Sarmiento.
WHEREFORE, PREMISES CONSIDERED, it is respectfully prayed that:

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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 in the premises.
Respectfully submitted.
Quezon City, September 17, 2014.

SEQUIOA WIL HARRELL

Counsel for the Respondent
PTR No. 7842236/1-2-14/Quezon City
IBP No. 8892487/1-2-14/Quezon City
Attorneys Roll No. 54,811
2nd Floor Sunflower Bldg., 112 Quezon Ave.
Quezon City, Metro Manila
NOTICE
The Clerk of Court
RTC, Quezon City
Branch 9
G r e e t i n g s:
Please submit the foregoing Motion to Quash Search Warrant for the consideration and
approval of the Honorable Court on September 26, 2014 at 8:30 a.m.
SEQUIOA WIL HARRELL
Copy Furnished:
The City Prosecutor
Justice Hall, Quezon City
Pedro Mamaril
Block 2, Lott 14, FVR Subd.
Capitol Hills, Quezon City
EXPLANATION
Copy of the instant Motion to Quash Search Warrant was served upon the
adverse party and counsel by registered mail due to lack of an office messenger to
undertake personal service hereof.
SEQUIOA WIL HARRELL