The Regional Trial Court on Monday deferred the arraignment of Vice Mayor Luis Marcaida III, as his legal counsel sought to file a motion to quash his arrest warrant and suppress the various evidence gathered during the police raid in his house last week.
Lawyer Zoilo Cruzat, who represented Marcaida in the case filed before the sala of RTC Judge Arnel Cezar said they wanted to question from the outset the validity of the arrest warrant served on Marcaida during the raid.
“We will file a motion to quash the search warrant, a motion to suppress evidence and motion to quash information,” Cruzat said.
The court gave the defense five days to file their motion and another five days for the prosecution to reply. Cruzat said the court could either rule or decide to hold an oral argument on their motion after the prosecution submits a comment to their motion.
Judge Cezar reset the arraignment on October 25, 2017.
Marcaida, who is detained at the City Jail, is facing charges for possession of illegal drugs, illegal possession of firearms and illegal possession of explosives. The evidence being used against him were confiscated by elements of the Philippine National Police Drug Enforcement Group which raided his residence in Barangay Bancao Bancao last September 4.