People v.

dela Rosa
June 25, 1980 | de Catro, J. | Appeal | Motion to Quash
Plaintiff-appellee: THE PEOPLE OF THE PHILIPPINES
Defendant-appellant: HON. FRANCISCO DE LA ROSA, as Judge of the of First Instance of Rizal Branch
VII, Pasay City; and BERTI HILDEGARD EDERY
SUMMARY: Defendant was charged with a violation of Section 3602 of the Tariff and Customs Code for
the alleged concealment of gold bars in her possession, evading imposition of taxes, charges and dues
on such items. Respondent judge granted defendants Motion to Quash on the ground that the facts
contained in the information did not constitute the offense charged. Petitioner contends that MTQ on the
ground of Section 2(a) of Rule 117 must be decided on the strength of the allegations of the information
to inquire into the merits of the case to determine the sufficiency or insufficiency of the information.
Court dismissed.
DOCTRINE:
FACTS:
1. October 28, 1968 - Berti Hildegard Edery (BHE)
was accused of violation of Section 3602 of the
Tariff and Customs Code. She allegedly concealed
within her person 28 pieces of gold bar by placing
them in the pockets of a vest, without passing
them thorugh the Customhouse of Manila
International
Aiprort.
Because
of
such
concealment, the gold bars were not appraised
for the purposes of imposing taxes, dues and
charges due the government. In the amended
Info, it was alleged tha the aid gold bars
amounted to approximately P209,126.40, that
the accused denied carrying/possessing such
items; and that she did not indicate in her
declaration that she had 28 gold bars.
2. January 10, 1969 BHE through counsel filed a
Motion to Quash on the ground that the facts
contained in the information did not constitute
the offense charged.
3. Respondent judge granted MTQ. Stated that
the charge contained in the Amended
Information does not constitute an offense
and that accused Edery has a legal defense
and justification 28 gold bars are not
'imported articles and the conduct of accused
consistently indicated the absence of any
intention to import; wrote TOURIST on her
Baggage Declaration And Entry
4. Petitioner contended that MTQ grounded on
Section 2(a) of Rule 117, must be decided on the
strength of the allegations of the information to
inquire into the merits of the case to determine
the sufficiency or insufficiency of the information

offense for that matter, should be resolved on the

basis alone of said allegations whose truth and
veracity are hypothetically admitted. However, as
held in the case of People vs. Navarro, 75 Phil
516, additional facts not alleged in the
information, but admitted or not denied by
the prosecution may be invoked in support
of the motion to quash.
2. The State Prosecutor admitted certain facts
and participated in the hearings where both
parties presented documentary and testimonial
evidence, which was the basis of the respondent
judge in issuing the assaield order.

ISSUE/S:

4. In this case, the allegations in the Amended

Information as to the alleged falsity of the
customs declaration the alleged omission and
other supposedly false statements become
immaterial for being not required to be made
under Executive Order No. 408 and the
implementing rules. The declaration, statements
and omissions are therefore, mere superfluities

WON the respondent court erred in quashing the

criminal case filed against respondent BHE - NO
RATIO:
1. As a general proposition, a motion to quash on
the ground that the allegations of the information
do not constitute the offense charged, or any

3. Rationale for such rule: Upon similar motions

the court and the fiscal are not required to go
beyond the averments of the information, nor is
the latter to be inveigled into a premature and
risky revelation of his evidence. To attain the
substantial ends of justice, procedural
technicalities must be dispensed with, and the
court rules must be interpreted so as to give
them the resiliency demanded by the
circumstances of the case. Court rules must give
way to judicial liberalism and legal progress.
5. Not granting the motion to quash wopuld result
in a merely vexatious and expensive trial, on the
defendants part, and a wasteful expense of
precious time on the part of the court, as well as
of the prosecution.

insofar as accused is concerned. Also, it was

proven that golds were actually not imported
(based on the definition in the Philippine Tariff

and Customs Laws) she had no intention to

stay in the Philippines, but was, by force of
circumstance, passing through the Philippines