Scribd Logo
Upload

Welcome to Scribd!

  • 577 views

    Motion To Quash

    Uploaded by

    Michelle Silva
    The accused files a motion to quash the information charging them with multiple murder with rape. They argue that the information charges more than one offense by including both murder and rape. They also argue that the elements of murder are completely different from the elements of rape, so they cannot be considered a complex crime. Additionally, the accused claims there are discrepancies in witness statements and that they have an alibi for the time of the incident through a witness affidavit. They request the case be dismissed for failure to establish probable cause or constitute an offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Motion To Quash

    Uploaded by

    Michelle Silva
    577 views5 pages
    The accused files a motion to quash the information charging them with multiple murder with rape. They argue that the information charges more than one offense by including both murder and rape. They also argue that the elements of murder are completely different from the elements of rape, so they cannot be considered a complex crime. Additionally, the accused claims there are discrepancies in witness statements and that they have an alibi for the time of the incident through a witness affidavit. They request the case be dismissed for failure to establish probable cause or constitute an offense.

    Original Title

    Motion to Quash

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The accused files a motion to quash the information charging them with multiple murder with rape. They argue that the information charges more than one offense by including both murder and rape. They also argue that the elements of murder are completely different from the elements of rape, so they cannot be considered a complex crime. Additionally, the accused claims there are discrepancies in witness statements and that they have an alibi for the time of the incident through a witness affidavit. They request the case be dismissed for failure to establish probable cause or constitute an offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    577 views5 pages

    Motion To Quash

    Uploaded by

    Michelle Silva
    The accused files a motion to quash the information charging them with multiple murder with rape. They argue that the information charges more than one offense by including both murder and rape. They also argue that the elements of murder are completely different from the elements of rape, so they cannot be considered a complex crime. Additionally, the accused claims there are discrepancies in witness statements and that they have an alibi for the time of the incident through a witness affidavit. They request the case be dismissed for failure to establish probable cause or constitute an offense.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5
    At a glance
    Powered by AI
    The accused is arguing that the information should be quashed because it charges more than one offense (murder and rape), and the elements of each crime are different. They also argue that probable cause has not been established.

    The accused argues that the crimes of murder and rape have different elements and cannot be considered a complex crime. They also argue that the information does not state all the necessary facts to constitute the offenses charged.

    LakmudinSaliao states he was shooed away but then describes the preceding events without explaining how he witnessed them. Noh Akil states the events happened on a different date than the crime was committed.

    REPUBLIC OF THE PHIILIPPINES

    REGIONAL TRIAL COURT


    ARMM Judicial Region
    BRACH 5, Ampaslupa City, Maguindawin
    PEOPLE OF THE PHILIPPINES,
    Plaintiff,
    NO.____

    CRIMINAL
    FOR:

    CASE

    MULTIPLE

    MURDER
    -versusWITH RAPE (ART. 248
    OF THE REVISED
    PENAL CODE)
    Lindol Ampaslupa Jr., Lindol Ampaslupa Sr.,
    Datu Andal Unsay, et. al.
    Accused.
    x-----------------------------------------x

    MOTION TO QUASH

    COMES NOW, the accused by the undersigned counsel and unto


    this Honorable Court respectfully submits that:
    1. Based on the evidence and information of both the accused
    and private complainants, including the Information and
    Prosecutor's Resolution prepared by the Honorable City Prosecutor
    of , the accused herein move to quash the information on the
    following grounds: "That the facts charged do not constitute an
    offense." and "That the information charges more than one
    offense."
    2. The accused-movants submits that an information must charge
    only one offense. Based on the face and the body of the
    information, the information charges the crime of Murder under

    Article 248 and the crime of Rape under Article 266 of the Revised
    Penal Code. On those grounds alone, the information must be
    quashed since it will violate the accused-movants right to due
    process for failure to follow the prescribed procedure under the
    Rules of Court. 3. The crime of Murder is not necessary to the
    crime of rape in it's execution. Hence, it cannot be considered as
    a complex crime or a special complex crime with the crime of
    murder, the essential elements of both crimes being different
    from each other and not necessary as to it's commission, to wit:
    "Article 266-A. Rape: When And How Committed. Rape is committed:
    "1) By a man who shall have carnal knowledge of a
    woman under any of the following circumstances:
    "a) Through force, threat, or intimidation;
    "b) When the offended party is deprived of reason or
    otherwise unconscious;
    "c) By means of fraudulent machination or grave abuse
    of authority; and
    "d) When the offended party is under twelve (12) years
    of age or is demented, even though none of the
    circumstances mentioned above be present.
    "2) By any person who, under any of the circumstances
    mentioned in paragraph 1 hereof, shall commit an act
    of sexual assault by inserting his penis into another
    person's mouth or anal orifice, or any instrument or
    object, into the genital or anal orifice of another person.
    AND
    Article 248. Murder. - Any person who, not falling within
    the provisions of Article 246 shall kill another, shall be

    guilty of murder and shall be punished by reclusion


    temporal in its maximum period to death, if committed
    with any of the following attendant circumstances:
    1. With treachery, taking advantage of superior
    strength, with the aid of armed men, or employing
    means to weaken the defense or of means or persons
    to insure or afford impunity.
    2. In consideration of a price, reward, or promise.
    3. By means of inundation, fire, poison, explosion,
    shipwreck, stranding of a vessel, derailment or assault
    upon a street car or locomotive, fall of an airship, by
    means of motor vehicles, or with the use of any other
    means involving great waste and ruin.
    4. On occasion of any of the calamities enumerated in
    the preceding paragraph, or of an earthquake, eruption
    of a volcano, destructive cyclone, epidemic or other
    public calamity.
    5. With evident premeditation.
    6. With cruelty, by deliberately and inhumanly
    augmenting the suffering of the victim, or outraging or
    scoffing at his person or corpse.
    3. Hence, considering that the elements of murder are completely
    different from the elements of rape, the information must be
    quashed on the ground that it charges more than one offense.
    4. Further, the accused submits that an information must state
    every single fact necessary to constitute the offense charged.
    Based on the factual and legal assessment of the facts presented,
    the essential elements as alleged and as defined by law were not
    sufficiently shown. Given those circumstances, it is but only
    proper that the prosecution refrain from pursuit since the

    Honorable Court would be burdened by baseless accusations not


    worthy of a fuller examination.

    5. Considering that the sworn statements of LakmudinSaliao


    (Exhibit A) and Noh Akil (Exhibit B contain glaring discrepancies
    which the Honorable Prosecutor should have disallowed. Saliao
    states that he was shooed away. However, he abruptly begins to
    state the immediately preceding events that took place, without
    clearly stating the cicumstances as to how he was able to witness
    the murder. Further, Noh Akil states that the events that took
    place were on a different date from the date of the commission of
    the crime.

    6. As a matter of fact, accused-movants were with Wendy during


    the time of the incident. As proof of the matter, said person has
    executed an affidavit to such fact. Furthermore, to date, her
    affidavit has not been refuted.
    7. That the accused has filed a motion for judicial determination
    of probable cause 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 without admitting to the allegations in the complaintaffidavits and in the information, the Honorable Prosecutor has
    failed to show probable cause. The facts clearly show that an
    offense has been committed but the same facts do not show that
    accused-movants perpetrated the offense. Hence, where no facts
    were shown that constitute murder or rape, necessarily there
    would be no legal basis to institute any criminal information.
    When it is clear that the information does not really charge 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 entitled to such

    consideration and indeed, even the prosecution will benefit from


    such dismissal because it can then file a corrected information
    provided the accused liability 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.R.
    No. 93754, February 18, 1991)

    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 and
    offense.

    You might also like