Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES 11th Judicial Region Branch 7, Davao City PEOPLE OF THE

PHILIPPINES, CRIM. CASE No. 132, 333 G - 2008 - versus xxxxxxxxxx, FOR : SIMPLE SLANDER

Accused.

FORMAL ENTRY OF APPEARANCE WITH MOTION TO QUASH

Accused by Counsel unto this Honorable Court respectfully aver:

FORMAL ENTRY OF APPEARANCE

1. Accused engaged the services of the Undersigned Counsel; 2. Henceforth, Undersigned Counsel would like to request from this Honorable Court that he be furnished of the Orders, Pleadings and other processes of the Honorable Court;

MOTION TO QUASH
3. Private Complainant in this case have filed a similar case now pending before the Municipal Trial Court in Cities, Branch 5, Davao City, entitled People of the Philippines vs. Destiny Ada, docketed as Crim. Case No. 130, 639-E-2008 for Simple Slander; which arose from the same incident last October 24, 2007, information of which is herein quoted;
That on or about October 24, 2007, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, with malice and with intent to cast dishonor, discredit and contempt upon one Jerelyn Bregole, willfully, unlawfully and feloniously uttered publicly in the presence and within the hearing of several persons the following defamatory words to wit: KABIT KA, BAGA KAG NAWONG, which when translated into English would mean: YOU ARE A MISTRESS, YOU HAVE A THICK FACE , to the dishonor, discredit and contempt upon the said Jerelyn Bregole. CONTRARY TO LAW;

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4. Accused has been arraigned for the foregoing offense last August 6, 2008 and pleaded not guilty of the said offense; 5. That accused is now charged before this Honorable Court the information of which reads to wit;
That on or about October 24, 2007, in the City of Davao, Philippines, and within the jurisdiction of this Honorable Court, the above-mentioned accused, with malice and with intent to cast dishonor, discredit and contempt upon one Jerelyn Bregole, willfully, unlawfully and feloniously uttered publicly in the presence and within the hearing of several persons the following defamatory words to wit: KABIT KA, BAGA KAG NAWONG , which when translated into English would mean: YOU ARE A MISTRESS, YOU HAVE A THICK FACE, to the dishonor, discredit and contempt upon the said Jerelyn Bregole. CONTRARY TO LAW;

6. A careful scrutiny of the information(s) would reveal that they are the same; the offenses committed, particularly the alleged slanderous utterance; the date of commission and the parties involved; 7. Accused now moves for the quashal of the information on the ground that the information pending in this case is violative of Accused right against Double Jeopardy as protected by the 1987 Constitution, Section 21 of Article III; Under Section 7 of Rule 117, this is a ground to cause the quashal of the information as the Accused is being charged and tried of the same offense;

PRAYER
WHEREFORE, premises considered it is respectfully prayed of this Honorable Court to take NOTICE of the formal entry of appearance of the Undersigned Counsel and to QUASH the information on the ground of Double Jeopardy.

Other reliefs, just and equitable are likewise prayed for. 7 September 2009, Davao City.

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xxxxxxxxxxxx Accused

Assisted by:

Ryan Ric Bisnar

Counsel for the Accused xxxxxxxx PTR No. 7214547 12 Jan 09 DC IBP No. 763128 09 Jan 09 DC IBP ROLL No. 43867 MCLE Compliance No. II-0012035 02 Sept 08 COPY FURNISHED/NOTICE/EXPLANATION : JERELYN BREGOLE BO. Pogi, C. M. Recto St., Davao City PROS. GAYE CAETE MADAGASANG City Prosecution Office, Ecoland, Davao City Please set the foregoing motion for the favorable consideration of the Honorable of the Court on September 18, 2009, at 8:30 am. Service was made by registered mail due to distance and lack of personnel to effect personal service.

Ryan Ric Bisnar

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