Republic of the Philippines

10th Judicial Region

Regional Trial Court
Branch 31, Surigao City

PEOPLE OF THE PHILIPPINES,

-versus-

Criminal Case No. 1234

For: Violation of Section 11
Article II of RA 9165

DAVE L. MENDOZA,
Accused.
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MOTION TO QUASH INFORMATION
Accused, by his undersigned attorney, respectfully moves to quash the
information filed against him on the ground that:
The court trying the case has no jurisdiction over the person of the
accused as the arrest was illegal.
I
MATERIAL ANTECEDENT FACTS
1.1 Sometime on 7 November 2014, PS/INSP Juan S. Cruz of Surigao
City Police Station, Surigao City, filed an Application for Search Warrant
with the Regional Trial Court, Branch 2, Butuan City;
1.2 To justify his application of a Search Warrant to be implemented
outside the court's territorial jurisdiction, the applicant claimed that That thereafter, I decided to apply a Search Warrant to the Regional
Trial Court, Libertad, Butuan City for the compelling reasons that
subject respondent is an active PNP member who has more connections
and friends in RTC, Surigao del Norte and City and other government
agency, in which, I could not divulged their names for confidentiality
and security reason and this could be compromise in our operation...
1.3 Finding probable cause therefor, the Regional Trial Court, Branch 2,
Butuan City, issued Search Warrant No. 1234-2014 which authorized the

search of the alleged residence of accused located at Narciso Street,

BARANGAY WASHINGTON, Surigao City;
1.4 On 8 November 2014, at past 12:00 o'clock noon, Search Warrant
No. 1234-2014 was implemented at BARANGAY TAFT, Surigao City
witnessed by Barangay Officials of said barangay;
1.5 Per consequence, the corresponding above-entitled cases were filed
against accused, then the respondent, before the Office of the Provincial
Prosecution of Surigao del Norte;
1.6 Despite having been taken into custody as early as 8 November
2014, no criminal case was yet filed against accused. It was on 12 November
2014 that he was brought to the Office of the Provincial Prosecution of
Surigao del Norte. Realizing the futility of his being released despite the
lapse of the period allowed for his detention, accused was constrained to
execute a Waiver of Article 125 of the Revised Penal Code, in order to avail
of his right to Preliminary Investigation;
1.7 Under date 10 December 2014, accused filed his Counter-Affidavit,
copy furnished the complainant. Notwithstanding the serious allegations that
accused was arrested while walking along the road, not in the place named
in the Search Warrant and prior to its implementation, complainant, in its
Reply, simply kept mum about them and did not belabor to dispute the
allegations. Neither did it dispute the witnesses' claims that accused was
brought to the house of his parents after being arrested, handcuffed, and was
not even given the opportunity to accompany the search;
1.8 On 17 December 2014, the Provincial Prosecutor himself issued a
Resolution finding probable cause for the indictment of accused Violation of
Section 11, Article 2 of Republic Act No. 9165. Notably, said Resolution
overturned the Resolution of the Investigating Prosecutor recommending
instead the dismissal of the instant cases;
1.9 On 20 November 2014, accused filed his Motion for
Reconsideration, copy furnished the complainant, who, in turn, did not file
any Comment/Opposition thereto. A clarificatory hearing was thereafter
conducted;
2.0 On 18 December 2014, the Provincial Prosecutor issued a Resolution
denying the Motion for Reconsideration earlier filed by accused, and, at the
same time, caused the filing of the Informations before this Honorable
Court.
II
ARGUMENTS/ DISCUSSIONS
2.1 FIRST: With due respect, accused espouses the view that there are
no compelling reasons, much less, legal basis, of the findings of probable

cause, warranting the exercise of jurisdiction by the Regional Trial Court,

Branch 2, Butuan City, to issue Search Warrant No. 1234-2014 to be
implemented outside its territorial jurisdiction;
2.1a. The pertinent provisions of the Rules of Court on the issuance
of Search Warrant state, thus "Section 2. Court where application for search warrant shall be
filed. An application for search warrant shall be filed with the
following:
(a) Any court within whose territorial jurisdiction a crime was
committed.
(b) For compelling reasons stated in the application, any court
within the judicial region where the crime was committed if the
place of the commission of the crime is known, or any court
within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the
application shall only be made in the court where the criminal action
is pending..." [Emphasis Ours].
2.2 SECOND: With due respect, both the continued detention and arrest
of the accused, in connection with or resulting from the implementation of
Search Warrant No. 1413-2014 are tainted with gross arbitrariness and
illegality.
2.2a. Records show that Search Warrant No. 1234-2014 was
implemented on 8 November 2014 resulting to the arrest of the accused.
Yet, for reasons only known to the Police Officers, they continued his
detention until 12 November 2014 when a Waiver was executed.
2.2b. It was on 12 November 2014, after having been detained for a
period of eight (8) days, without any criminal case having been filed
against him, that accused was brought to Surigao City Public Attorney's
Office, where he decided to execute a Waiver of Article 125 to avail of
his right to Preliminary Investigation, with the assistance of the
Public Attorney.
2.2c. In other words, the continued detention of the accused after the
implementation of Search Warrant No. 1234-2014, was already illegal.
This constitutes a blatant violation of his right to liberty and a notorious
disregard to the mandatory provisions of Article 125 of the Revised
Penal Code.
2.2d Not only that. Accused was even arrested prior to the
implementation of Search Warrant No. 1413-2014, not in the course

thereof. While it is conceded that a Search Warrant may result to the

arrest of a person found in possession of the prohibited article named in
the Search Warrant, the arrest must be made in the course of its
implementation, not BEFORE its implementation. To authorize the arrest
of a person explicitly named in the Search Warrant prior to its
implementation would unduly convert, at the behest of the police
authorities, a Search Warrant into a Warrant of Arrest, a practice that
runs in direct contravention to an otherwise orderly search.
2.3 THIRD: With all due respect, the conduct of the search in Brgy.
Taruc, a place different from the one explicitly provided in Search Warrant
No. 1413-2014 which is Brgy. Washington, is patently illegal. As a necessary
consequence, any evidence obtained thereby cannot be admitted in evidence
as against the accused in any proceedings.
2.3a For emphasis, Search Warrant No. 1413-2014 authorizes the
search of a residence located at Narciso Street, Brgy. Washington, Surigao
City, but the actual place where the search transpired was at the house of
his parents located at Brgy. Taft, Surigao City.
2.3b The case of PICOP vs. Asuncion reiterated the settled rule that the
place to be searched, as set out in the Search Warrant, cannot be
amplified nor modified by the police officers' personal knowledge of the
premises. This can only be particularized by the Judge and in the Search
Warrant itself. Any change is proscribed by the 1987 Constitution and
renders all the items taken as a result of the search inadmissible in
evidence.
III
PRAYER
3.1.
WHEREFORE, PREMISES CONSIDERED, the manifest
illegality of the arrest of the accused Dave L. Mendoza 2010 and the
consequent absence of jurisdiction by the court over the person of the
accused, it is respectfully prayed that the Information for Violation of
Section 11 of Republic Act No. 9165, otherwise known as The
Comprehensive Dangerous Drugs Act of 2002, issued by Assistant
Provincial Prosecutor Peter O. Failon on 18 December 2014 against the
accused be quashed.
3.2 Other reliefs deemed just and equitable under the circumstances are
likewise prayed for.
MOST RESPECTFULLY SUBMITTED.
Surigao City, Philippines
12 January 2015.

RALNA DYAN T. FLORANO

Counsel for the Accused
Roll No. 82489
PTR No. 2408989, 1-07-13, Surigao City
IBP Lifetime No. 092417
MCLE Compliance No. III-0002453
FLORANO LAW OFFICE
1703 M. Ortiz St., Brgy. Washington, Surigao City

COPY FURNISHED:
THE BRANCH CLERK OF COURT
Regional Trial Court
10th Judicial Region
Surigao City, Branch 31
THE HONORABLE ASSISTANT PROVINCIAL PROSECUTOR
Office of the Provincial Prosecutor
Hall of Justice, Surigao City

NOTICE OF HEARING
Please take notice that on Tuesday, 20 January 2015, at 2:00 oclock in
the afternoon or thereabouts, or as soon as this may be calendared for
hearing, the undersigned counsel will submit the foregoing Motion for the
consideration and approval of this Honorable Court.
RALNA DYAN T. FLORANO

COPY FURNISHED:
THE BRANCH CLERK OF COURT
Regional Trial Court
10th Judicial Region
Surigao City, Branch 31
THE HONORABLE ASSISTANT PROVINCIAL PROSECUTOR
Office of the Provincial Prosecutor
Hall of Justice, Surigao City