PEOPLE OF THE PHILIPPINES, Plaintiff, -versusWALANG PAKIALAM, Accused.

x------------------------------------------x MOTION TO QUASH SEARCH WARRANT The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1137 issued by this Honorable Court on and dated 15 June 2013 based on the following considerations: 1. Rule 126, Sec. 6 or the Revised Rules of Court provides expressly that the judge will issue the warrant, which must be substantially in the form prescribed by these Rules. 2. Search warrant No. 1137 is dated 15 June 2013 and was duly issued upon by the Prosecutor; this is certified by the copy of the search warrant served to the accused. A search was made on 17 June 2013; 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. 1137 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. Cagayan de Oro City; 18 June 2013. Criminal Case No. 00037 For: Rape

(Sgd.) HANNAH LOU D. GUMAPON Counsel for Accused Corrales-Yacapin Sts., Cagayan de Oro City PLUS: 1. Request for and Notice of Hearing 2. Proof of Service

PEOPLE OF THE PHILIPPINES, Plaintiff, -versusWALANG PAKIALAM, Accused. x------------------------------------------x MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED The ACCUSED, by counsel, respectfully moves for the quashal of Search Warrant No. 1137 issued by this Honorable Court on and dated 15 June 2013 based on the following considerations: 1. 2. Search Warrant No. 1137 was issued upon by the Prosecutor and is, thus, void. The painting of Fernando Amorsolo does not fall within the property to be seized. Criminal Case No. 00037 For: Rape

Discussion [1] Search Warrant No. 1137 was issued upon by the Prosecutor and is, thus, void. 1. Rule 126, Sec. 6 or the Revised Rules of Court provides expressly that the judge will issue the warrant, which must be substantially in the form prescribed by these Rules, that if issued by another, it shall be void. Search warrant No. 1137 is dated 15 June 2013 and was duly issued upon by the Prosecutor; this is certified by the copy of the search warrant served to the accused. A search was made on 17 June 2013; pursuant to said search, certain objects were seized and delivered to the court. Under the law, the Search warrant is void.

2.

3.

No valid seizure may be made under a void warrant. For this reason, the following objects must be suppressed:

[2] The painting of Fernando Amorsolo Does not fall within the property that May lawfully seized. 4. On the time of the search, the searching party also seized accuseds painting made by Fernando Amorsolo, allegedly for being subject of the offence. Thereafter, it was placed at the PNP Chief of Police Office. The painting cannot be subject of the offense as accused is charged with rape. There is no relation between the painting and libel. Moreover, the painting is not mala prohibita that would justify a seizure thereof; neither could there be a seizure of evidence in plain view.

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6.

WHEREFORE, it is respectfully prayed that all objects seized under the void Search Warrant No. 1137 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 painting made by Fernando Amorsolo be immediately returned to the accused. Cagayan de Oro City; 18 June 2013.

(Sgd.) HANNAH LOU D. GUMAPON Counsel for Accused Corrales-Yacapin Sts., Cagayan de Oro City PLUS: 3. 4. Request for and Notice of Hearing Proof of Service