This case has been cited 1 times or more.
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2006-10-27 |
CALLEJO, SR., J. |
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| Sec. 14. Motion to quash a search warrant or to suppress evidence; where to file. - A motion to quash a search warrant and/or to suppress evidence obtained thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequently filed in another court, the motion shall be resolved by the latter court. The Court ruled in the Malaloan case that the motion to quash the search warrant which the accused may file shall be governed by the omnibus motion rule, provided, however, that objections not available, existent or known during the proceedings for the quashal of the warrant may be raised in the hearing of the motion to suppress the resolution of the court not on the motion to quash the search warrant and to suppress evidence shall be subject to any proper remedy in the appropriate higher court.[60] A motion to quash a search warrant may be based on grounds extrinsic of the search warrant, such as (1) the place searched or the property seized are not those specified or described in the search warrant; and (2) there is no probable cause for the issuance of the search warrant.[61] Section 7, Rule 133 of the Rules of Court provides that the court may hear the motion, as follows: When a motion is based on facts not appearing of record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. In the present case, petitioner reserved her right to question Search Warrant No. 98-62 when she filed her motion for bail in the RTC. The public prosecutor conformed to the motion. During pre-trial in the RTC, petitioner rejected the prosecution's proposal for her to admit the validity of Search Warrant No. 98-62, insisting that it was void. In her motion to suppress, petitioner averred that the search warrant is void for the following reasons: lack of probable cause; failure of the Executive Judge to ask searching questions on Gorospe; and the evidence seized by the police officers on the basis of the search warrant are inadmissible in evidence. She likewise prayed that the search warrant be nullified, and that the evidence seized by the policemen on the basis of said warrant be suppressed.[62] | |||||