Motion For Destruction - Search Warrant

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ANNEX “A”

For items Seized During Buy-Bust Operation

REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH ___
QUEZON CITY

PHILIPPINE NATIONAL POLICE


THRU NCR REGIONAL PNP DRUG
ENFORCEMENT UNIT,
Complainant,

- Versus - Criminal Case No. _____


For:

Accused
x--------------------------------------------------------x

MOTION FOR DESTRUCTION OF


SEIZED DANGERIOUS DRUGS AND DRUG INSTRUMENTS

Complainant by themselves and unto this Honorable Court respectfully aver THAT:

1. On ________, the herein complainant conducted a buy-bust operation/service of


Search Warrant within the territorial jurisdiction of this Honorable Court at
______________ following report that a certain Juan dela Cruz is engaged in illegal
drug activities;

2. The herein complainant had faithfully complied with the chain of custody of the
seized dangerous drugs and drug instruments as mandated under Sec. 21 (1), Article II
of RA 9165 as amended by RA 10640;

3. The following dangerous drugs and drugs instruments were seized within the
territorial jurisdiction of this Honorable Court:

a. ___________
b. ___________
c. ___________

4. The inquest proceeding was conducted before the Office of the Prosecutor
______(name)___________ on __________;

5. Pursuant to A.M. No. 21-02-01-SC entitled “Rules on the Destruction and


Disposal of Seized Dangerous Drugs, Other Substances, and Instruments Prior to the
Filing of Information”, there is a need to immediately destroy and dispose the
confiscated, seized or surrendered dangerous drugs, controlled precursors, and
essential chemicals, instruments, paraphernalia, and laboratory equipment after
compliance with Sec 21 (1), Article II of RA 9165 as amended by RA 10640;

6. Further, the aforesaid Supreme Court Administrative Matter provides that the
application for destruction and disposal shall be filed by law enforcement agent or
prosecutor before the Court which has territorial jurisdiction over the case and the place
where the dangerous drugs, other substances, and instruments were found and seized.
Hence, the filing of this humble motion for the consideration of the Honorable Court.

PRAYER

WHEREFORE, premises considered, the undersigned respectfully prayed unto


this Honorable Court to issue an Order granting the Motion of the herein complainant for
the immediate destruction of the seized dangerous drugs and drug instruments subject
of the aforementioned buy-bust operation.

Such other just and equitable relief/s under the premises are likewise prayed for.

Quezon City MM, Philippines, this ___day of ___________ 2021.

__________________
Complainant
Drug Enforcement Unit

With Conformity and Authority:

Hon.___________________
Provincial Prosecutor

Copy furnished:

PUBLIC PROSECUTOR (if applicable)


City Prosecutor’s Office
Quezon City, MM

***Disclaimer: this Pro Forma Motion serves only as a guide to operating units and
shall not preclude them from adjusting and enhancing or supplementing the same
with additional details if the facts and circumstances warrants
NOTICE

TO THE CLERK OF COURT


Branch ___, RTC
Quezon City, MM

Dear Sir/Maam,

Kindly submit our Motion for the Destruction of Seized Dangerous Drugs and
Drug instruments to this Honorable Court for his/her consideration.

________________

***Disclaimer: this Pro Forma Motion serves only as a guide to operating units and
shall not preclude them from adjusting and enhancing or supplementing the same
with additional details if the facts and circumstances warrants

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