Republic of the Philippines

[Region]
[COURT]
[City], [Branch No.]

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No.

________
- versus -

For: ___________________

[NAME] ______________,
Accused.
x ---------------------------------------- x

MOTION TO SUPPRESS EVIDENCE UNLAWFULLY SEIZED AND RETURN OF

PROPERTIES UNLAWFULLY SEIZED
The ACCUSED, by counsel, respectfully moves for the suppression of
objects seized on [DATE] __________, pursuant to Search Warrant No. ___________
issued by this Honorable Court dated [DATE] _________, based on the following
considerations:
1.

[STATE
GROUNDS
_____________________________.

FOR

SUPPRESSION]

2.

[STATE
GROUNDS
FOR
________________________________.

SUPPRESSION]

Discussion
[1] [STATE FIRST GROUND FOR SUPPRESSION]
1. [STATE DISTINCT SPECIFICATION OF FACTUAL AND LEGAL GROUNDS FOR
SUPPRESSION] ________________________________________________.
[2] [STATE FIRST GROUND FOR SUPPRESSION]
1. [STATE DISTINCT SPECIFICATION OF FACTUAL AND LEGAL GROUNDS FOR
SUPPRESSION] ________________________________________________.
WHEREFORE, it is respectfully prayed that all objects seized under the void
Search Warrant No. _________________ 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 [STATE PROPERTY SEIZED]
________________________ be immediately returned to the accused.
[CITY] ___________; [DATE] _________________________.
[SIGNATURE]
[NAME OF COUNSEL] ___________
Counsel for Accused
[ADDRESS] ______________

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT
[COURT] ____________
[BRANCH] ____________, [CITY] __________________
Please submit the foregoing Motion to the Court for its consideration and
approval immediately upon receipt hereof and kindly include the same in the
courts calendar for hearing on Friday, [DATE] at [TIME] in the
[MORNING/AFTERNOON].
[NAME] _____________________
[ADDRESS] _____________________________
Please take notice that counsel has requested to be heard on Friday,
[DATE] at [TIME] in the [MORNING/AFTERNOON].
[SIGNATURE]
[NAME] _________
Counsel for Plaintiff
[ADDRESS] ___________________
Copy furnished through personal service:
[NAME OF COUNSEL] __________________
Counsel for the Defendant
[FIRM NAME] _______________
[ADDRESS] ________________
[USE THE FOLLOWING IF SERVICE IS NOT MADE PERSONALLY]
Copy furnished through registered mail:
[NAME OF COUNSEL] __________________
Counsel for the Defendant
[FIRM NAME] _______________
[ADDRESS] ________________
Registry Receipt No. ________
Post Office ________________
Date _____________________
EXPLANATION
The
foregoing
[DESIGNATION
OF
PLEADING,
MOTION,
ETC]
_______________and its attachment were served on [NAME OF COUNSEL]
________________ by registered mail instead of personal service as counsel for
petitioner [STATE REASON] ___________________.
[SIGNATURE]
[NAME] _________________

Republic of the Philippines

City of _______________

)
) s.s.
AFFIDAVIT

I, [NAME] ____________ , a messenger of [NAME OF COUNSEL FOR

PLAINTIFF], with office address at [ADDRESS] __________________, after being duly
sworn, deposes and states:
That on [DATE] ______________________, I served a copy of the following
pleadings/papers by registered mail in accordance with Section 10, Rule 13 of the
Rules of Court:
Nature of Pleading/Paper
[STATE PLEADING/PAPER SENT]
________________________
in Case No. [CASE NUMBER] _________________ entitled [TITLE OF CASE]
____________________ by depositing a copy in the post office in a sealed envelope,
plainly addressed to [NAME OF PARTY/ATTORNEY] _______________ at
_______________ with postage fully paid, as evidenced by Registry Receipt No.
_____________________ attached and with instructions to the post master to return
the mail to sender after ten (10) days if undelivered.
TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on [DATE]
________________, in the City of [CITY] _____________, Philippines.
[SIGNATURE]
[NAME] __________
Affiant
SUBSCRIBED AND SWORN TO before me in the City of _______________ on
this day of [MONTH AND YEAR]_________________, affiant exhibiting before me his
Government Issued ID no. _______________ issued on [DATE}__________________ at
[PLACE OF ISSUANCE]_____________________.
[SIGNATURE]
[NAME]_______
Notary Public
Until [DATE]__________________
PTR No. [NUMBER] ____________
Issued at [PLACE]______________
On [DATE] ___________________
Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.