Republic of the Philippines

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT

BRANCH 7, ILOILO

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus-

Criminal Case No. 00143-01

FOR : QUALIFIED THEFT

MOLINO M. MAKAWAT, JR. ,

Accused.

x------------------------x

MOTION TO QUASH INFORMATION

Comes now MOLINO M. MAKAWAT, JR. by the undersigned counsel and

unto this Honorable Court respectfully submits:

1. That from the facts presented by the private complainant including the
resolution prepared and released by the Honorable City Prosecutor of Iloilo
City, the accused herein move for the quashal of the information on the
ground that:

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 “That the facts charged do not constitute an offense.”

2. That accused submits that a complaint or information must state every single
fact necessary to constitute the offense charged. From the legal and factual
assessment of the facts presented the essential elements of the offense as
alleged and as defined by law was not sufficiently shown. That given those
circumstance, it is but only proper that at this stage the prosecution should
be shut off lead the Honorable Court will only be burdened by baseless
accusation not worthy of a fuller examination.

3. The private complainant in his complaint affidavit accuses the accused in this
case for “Theft” for allegedly taking the private complainant’s Rocky Mountain
Altitude 730 Full Suspension Mountain Bike with an estimated value of sixty
five thousand pesos (P65,000.00) to the damage and prejudice of the private
complainant. Meanwhile based on the complaint affidavit filed by the office of
the City Prosecutor, accused herein were indicted for qualified theft, an
offense that is way different or in contrast to the offense charged.

4. That earlier, accused here in have filed a motion for judicial determination of
probable cause precisely to impress upon the Honorable Court that no
probable cause exist to warrant the prosecution of the accused for any
offense. The complaint affidavit and the resolution clearly shows that
complainant saw the accused carrying a mountain bike outside their home
and saw the son of the accused riding a mountain bike and immediately
concluded that it is her lost property. Thus if no facts were shown to
constitute theft, necessarily there would be no legal basis of institute any
criminal information. “When it is clear that the information does not really
charged an offense, the case against the accused must be dropped
immediately instead of subjecting him to anxiety and inconvenience of a
useless trial. The accused is entitle to such consideration and indeed, even
the prosecution will benefit from such dismissal because it can then filed a
corrected information provided the accused has not yet attached. There is no
point of proceeding under a defective information that can never be the basis
of a valid conviction. (Cruz vs Court of Appeals G.N. No. 93754 February 18,
1991.)

5. The elements of qualified theft punishable under Article 310 in selection to

Article 308 and 309 of the Revised Penal Code are as follows.

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 1. There was taking of personal property.

2. That said property belongs to another.

3. That the taking was done without the consent of the owner.

4. That the taking was done with intent to gain

5. That the taking was accomplished without violence or intimidation against

person or force upon things.

6. That the taking was done under any of the circumstances enumerated in
Art. 310 RPC with grave abuse of confidence ( Mafudo v Pp G.R. No.
179061 July 13, 2009)

6. All told, the accused herein respectfully submits that since the facts accrued
by the complainants do not at all show criminal liability and the resolution of
the City prosecutor taking its whole context does not admit that the crime of
qualified theft was committed. If is therefore but imperative that the
information be quash not only for lack of probable cause but clearly the facts
as shown does not constitute an offense.

Wherefore, it is most respectfully beseeched of this Honorable Court that

the above arguments be considered and the case dismissed since the
facts charged do not constitute an offense.

Respectfully Submitted,

ATTY. MARIANNE P. JUNCO

Counsel for the Accused

IBP No. 836245/ 01-14-15 - Guimaras

PTR No. 1315812/ 01-05-15- Guimaras

Roll of Attorneys No. 33450
MCLE Compliance No. V-0004385 -
3 10/23/14
Copy furnished;

HON. PAUL ELY RIVERA

Office of the Provincial Prosecutor,

Iloilo City, Iloilo