Republic of the PhilippinesREGIONAL TRIAL COURT5th Judicial RegionBranch 61, Iriga City

PEOPLE OF THE PHILIPPINES, Complainant,

-versus- CRIM.CASE NO. 567498 For: HOMICIDE

LESTER LLOYD D. VALENZUELA, Accused.

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MOTION TO QUASH

ACCUSED, through counsel and unto the Honorable Court, most respectfully move to quash the information filed by Assistant City Prosecutor Tristan Jordan Margate for Homicide on the following grounds:1. That the Honorable Court trying the case has no jurisdiction over the person of the accused due to the illegality of the arrest; and

2. That the Assistant City Prosecutor who filed the information against the accused has no authority to do so due to the absence of the approval of the City Prosecutor.

ARGUMENTS

I. The Honorable Court trying the case has no jurisdiction over the person of the accused due to the illegality of the arrest.

Section 5 (b), Rule 113 of the Revised Rules of Criminal Procedure, provides that an arrest without warrant may be done: When the offense has just been committed and he has probable cause to believe based on personal knowledge of facts or circumstances that a person to be arrested has committed it;

As per perusal of the affidavit of SPO2 Ronnie Hufancia, Police Officer of Iriga City Police Station, it appears that the warrantless arrest conducted by them against the accused does not constitute a valid in flagrante arrest. Reliable information alone, absent any overt act indicative of a felonious enterprise in the presence and within the view of the arresting officers, is not sufficient to constitute probable cause to justify the arrest (People v. Nuevas, G.R. No. 170233, February 22, 2007). II. The Assistant City Prosecutor who filed the herein information has no authority to do so due to the absence of the approval of the City Prosecutor.

It is clearly stated under Section 4 par.3, Rule 112 of the Revised Rule on Criminal Procedure that: No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.

It is apparent on the information filed against the herein accused that the same was filed by Asst. Prosecutor Tristan Jordan Margate but it was not approved by the City/Provincial Prosecutor, thus, he has no authority to file it without the approval of the latter.

PRAYER

NOW THEREFORE, premises considered, it is most respectfully prayed that the Honorable Court issue an order dismissing the information filed against the accused on the basis of the above-mentioned grounds.

Other reliefs, just and equitable, are likewise prayed for.

Iriga City, Philippines, February 10, 2015.

ATTY. MONA LIZA C. NOVELACounsel for the AccusedNOVELA & BARROGA LAW FIRM2/F Tansylit Bldg., San Roque, Iriga CityPTR No. 2345678, Jan. 2, 2015, Iriga CityRoll No. 33445IBP Lifetime No. 456789MCLE Compliance IV-0005776

REQUEST FOR AND NOTICE OF HEARING

THE BRANCH CLERK OF COURTRegional Trial CourtBranch 61, Iriga City

Greetings!

Please submit the foregoing Motion to the Court for its consideration and approval immediately upon receipt hereof and kindly include the same in the courts calendar for hearing on February 13, 2015 at 8:30 in the morning.

ATTY. TRISTAN JORDAN MARGATEAssistant City ProsecutorHall of Justice, San Isidro, Iriga City

Greetings!

Please take notice that the foregoing Motion to Quash shall be submitted for the consideration and approval of the Honorable Court on Friday, February13, 2015 at 8:30 in the morning or as soon as counsel and matter may be heard.

ATTY. MONA LIZA C. NOVELACounsel for the AccusedNOVELA & BARROGA LAW FIRM2/F Tansylit Bldg., San Roque, Iriga CityPTR No. 2345678, Jan. 2, 2015, Iriga CityRoll No. 33445IBP Lifetime No. 456789MCLE Compliance IV-0005776

Copy Furnished through Personal Service:

ATTY. TRISTAN JORDAN MARGATEAssistant City ProsecutorHall of Justice, San Isidro, Iriga CityDate received: _________________Signature:_____________________

MS. JANNIE JILL B. CALLOSPrivate ComplainantSalvacion, Iriga CityDate received: _________________Signature:_____________________