REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

Metropolitan Trial Court
Makati City
Branch xx

PEOPLE OF THE
PHILIPPINES,
Plaintiff,
CRIM. CASE NO.: M-MKT-xx-
xxxxx-xx
-versus-
For: RIR IN DAMAGE TO PROPERTY

JPH,
Accused.
x-----------------------------------------------------------------x

MOTION TO QUASH THE INFORMATION

ACCUSED, respectfully moves for the quashal of the

Information dated 25 October 2019 issued by Senior
Assistant City Prosecutor on the following ground that:

THE FACTS CHARGED DO NOT CONSTITUTE AN

OFFENSE

1. The accused submits 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.

People v Hilario
Motion to Quash the Information
Page 1 of 3
 2. The Private Complainant in her Complaint-Affidavit
dated 8 August 2019 accuses the accused in this case for
“Reckless Imprudence Resulting in Damage to
Property” for allegedly being negligent and reckless in
driving.

3. The private complainant in his complaint affidavit

accuses the accused in this case for “Reckless ” 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.)

1. There was taking of personal property.

2. That said property belongs to another.

People v Hilario
Motion to Quash the Information
Page 2 of 3
 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)

5. 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, Accused respectfully prays that the

Information for Reckless Imprudence Resulting in Damage to
Property dated 25 October 2019 issued by Senior Assistant
City Prosecutor against the accused be quashed.

Other just and equitable reliefs are likewise prayed for.

City of Manila for Makati City, 23 January 2020.

REQUEST FOR HEARING

The Branch Clerk of Court

Metropolitan Trial Court Branch xx
Makati City

Greetings:

People v Hilario
Motion to Quash the Information
Page 3 of 3
 Please submit the foregoing Motion to Quash the
Information for the consideration and approval of this
Honorable Court immediately upon receipt hereof sans oral
argument.

NOTICE OF HEARING & COPY FURNISHED

Copy furnished to:

RUBY C. PACIS
#7 Mindoro Street, Bago Bantay,
Quezon City
Received by: ___________________ Date: __________________

THE BRANCH CLERK OF COURT

Metropolitan Trial Court National Capital Judicial Region
Makati City, Branch xx
Received by: ____________________ Date: __________________

OFFICE OF THE CITY PROSECUTOR

Makati City, Branch xx
Makati City
Received by: ____________________ Date: __________________

Greetings:

Please be informed that undersigned counsel will submit

the foregoing Motion to Quash the Information for
consideration and approval of this Honorable Court
immediately upon receipt hereof sans oral argument.

People v Hilario
Motion to Quash the Information
Page 4 of 3