Hearing on motion to quash warrants set today

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Friday, May 11, 2012

THE motion to quash search warrants filed by the legal counsel of the 72 Taiwanese is set to be heard before Regional Trial Court (RTC) today, Friday.

Lawyer Israelito Torreon said Thursday the RTC set the hearing of the motion that seeks to nullify the search warrants and to suppress the evidences against the foreign nationals.

Torreon said if the court will grant his motion, "all evidences seized are rendered inadmissible which would then hasten the dismissal of criminal cases filed against them."

In his 18-page motion, the lawyer cited three grounds to nullify the three search warrants. He said there was no probable cause for the issuance of the search warrants, that these were "general warrants," and that their implementation was made in violation of Sections 8 and 11 of Rule 126.

He said the affidavits submitted as basis for the search warrants revealed that "they are utterly insufficient to lead a reasonable person to believe that a violation of RA 8484 (fraud through access devices) had been committed."

He also claimed the implementation of the search warrants was made in violation of Sections 8 and 11 of Rules 126 of the Rules on Criminal Procedure, manifesting that whatever evidences secured should be declared inadmissible and should be ordered to return to the respondents.

Published in the Sun.Star Davao newspaper on May 11, 2012.

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