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APPLICATION FOR SEARCH WARRANT SEARCH WARRANT MOTION TO QUASH SEARCH WARRANT
Republic of the Philippines Republic of the Philippines Republic of the Philippines
REGIONAL TRIAL COURT REGIONAL TRIAL COURT REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION NATIONAL CAPITAL REGION NATIONAL CAPITAL REGION
_____ CITY, BRANCH NO. ____ _____ CITY, BRANCH NO. ____ _____ CITY, BRANCH NO. ____
Criminal Case/Search Warrant No. ___ Criminal Case/Search Warrant No. ___ Criminal Case/Search Warrant No. ___
For: ___________________ For: ___________________ For: ___________________
The undersigned, (applicant), (position), after having been duly TO ANY PEACE OFFICER: The undersigned, (accused), by counsel, respectfully moves for
sworn, respectfully states: the quashal of Search Warrant No. ___ issued by this Honorable
Greetings: Court on and dated ___ based on the following considerations:
1. That (respondent) xxx
2. That a search warrant should be issued xxx It appearing to the satisfaction of the undersigned, after 1. That xxx
examining under oath (name of applicant) and his witness (name 2. xxx
PRAYER/RELIEF of witness) that there is probable cause to believe that (describe
the act charged) has been committed or is about to be committed WHEREFORE, in view of the foregoing, it is respectfully prayed
WHEREFORE, it is respectfully prayed that this Honorable Court and that there are good and sufficient reasons to believe that that Search Warrant No. ___ be QUASHED and all objects
issue a search warrant authorizing any agent of the law to search (name of person or persons to be searched) has in his seized under its purported authority be declared INADMISSIBLE
the premises above described and to seize and surrender to this possession or control in (describe premises) in (address) under the exclusionary rule in Article III, Section 3(2) in relation
Honorable Court the property mentioned to be dealt with as the property subject of the offense, or stolen or embezzled and other to Section 2 of the 1987 Constitution.
law directs. proceeds or fruits of the offense, or used or intended to be used
as the means of committing the offense which should be seized Venue, date.
Venue, date. and brought to the undersigned.
_________ (Sgd.) Atty. _________
Applicant You are hereby commanded to make an immediate Counsel for Accused
Position search at any time in the day (or night) of the premises above
described and forthwith seize and take possession of the
following personal property, to wit:
1. Subject of the offense
2. Stolen or embezzled and other proceeds, or fruits of
the offense
3. Used or intended to be used as the means of
committing the offense
_______________
Presiding Judge
Court
TAMAYO | D2020
Witnesses: ______________________
VERIFICATION
____________________
Investigating Prosecutor
____________________
Authorizing Prosecutor