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  • Motion To Quash

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    The defendant moves to quash the information filed against him on the grounds that the court trying the case does not have jurisdiction over the subject matter. Specifically, the information charges the defendant with reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code. However, the inclusion of a qualifying circumstance in the information - the defendant's failure to lend assistance to the victim - increases the imposable penalty beyond 6 years, placing jurisdiction with the Regional Trial Court instead of the municipal court. Therefore, the defendant argues the information was not properly filed with the court.

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    Motion to Quash

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    The defendant moves to quash the information filed against him on the grounds that the court trying the case does not have jurisdiction over the subject matter. Specifically, the information charges the defendant with reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code. However, the inclusion of a qualifying circumstance in the information - the defendant's failure to lend assistance to the victim - increases the imposable penalty beyond 6 years, placing jurisdiction with the Regional Trial Court instead of the municipal court. Therefore, the defendant argues the information was not properly filed with the court.

    Copyright:

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    206 views3 pages

    Motion To Quash

    Uploaded by

    bubblingbrook
    The defendant moves to quash the information filed against him on the grounds that the court trying the case does not have jurisdiction over the subject matter. Specifically, the information charges the defendant with reckless imprudence resulting in homicide under Article 365 of the Revised Penal Code. However, the inclusion of a qualifying circumstance in the information - the defendant's failure to lend assistance to the victim - increases the imposable penalty beyond 6 years, placing jurisdiction with the Regional Trial Court instead of the municipal court. Therefore, the defendant argues the information was not properly filed with the court.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
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    of 3

    Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Davao City

    PEOPLE OF THE PHILIPPINES, Plaintiff !ve&sus! RA"MOND SAMARITA, A use!

    CRIMINAL CASE NO. 6 !6!"##6 $OR% RECKLESS IMPRUDENCE Resulting in Homi i!e

    MOTION TO #UASH COMES NO'( Ray)on* Sa)a&ita( the *efen*ant th&ou+h the un*e&si+ne* counsel unto this ,ono&able Cou&t( )oves to -uash the info&)ation file* a+ainst the sai* *efen*ant on the follo.in+ +&oun*s% /. 0hat the Cou&t t&yin+ the case has no 1u&is*iction ove& the sub1ect )atte& of cont&ove&sy2 an*

    AR$UMENTS

    /. T%at t%e Cou&t t&'ing t%e ase %as no (u&is!i tion o)e& t%e su*(e t matte& of ont&o)e&s'+ 0he *efen*ant( Ray)on* Sa)a&ita( is accuse* of the c&i)e of Rec3less I)p&u*ence Resultin+ in ,o)ici*e( punishable un*e& Article 365 of the Revised Penal Code( a pe&tinent pa&t of .hich p&ovi*es fo& the applicable penalty%
    4 Any pe&son .ho by &ec3less i)p&u*ence( shall co))it any act .hich( ha* it been intentional( .oul* constitute a +&ave felony( shall suffe& the penalty of arresto mayor in its maximum period to prision correccional in its medium period.x ,Em-%asis su--lie!.

    5ase* on the afo&e-uote* penalty( the cou&t havin+ 1u&is*iction ove& the sub1ect )atte& of cont&ove&sy .oul* see) to be any Municipal 0&ial Cou&t( Municipal Ci&cuit 0&ial Cou&t o& Municipal 0&ial Cou&t havin+ te&&ito&ial 1u&is*iction ove& the c&i)e co))itte*( as p&ovi*e* fo& un*e& Batas Pam ansa !"#$ %ection 3". 0he pe&tinent po&tion of 5P /67( Section "6 p&ovi*es%
    46 E8clusive o&i+inal 1u&is*iction o)e& all offenses -unis%a*le /it% im-&isonment not e0 ee!ing si0 'ea&s i&&espective of the a)ount of othe& i)posable accesso&y o& othe& penalties inclu*in+ the civil liability a&isin+ f&o) such offenses o& p&e*icate* the&eon( i&&espective of 3in*( natu&e( value o& a)ount the&eof9.: .

    0he info&)ation fo& the afo&e)entione* c&i)e .as then file* by P&osecuto& Ca)ine&o .ith this ,ono&able Cou&t on Septe)be& /7( 6##;( .ith the info&)ation &ea*in+ as follo.s%
    That on or about the 11th of September, 2006, at about 4:30 in the afternoon, the Accused Raymond Samarita, and hi!e dri"in# his $eepney a!on# %a#saysay A"enue &#oin# to Sta' Ana (harf) ri#ht in front of Sta' Ana *!ementary Schoo!, ithin the $urisdiction of the +onorab!e ,ourt, rec-!ess!y, ne#!i#ent!y and fe!onious!y o"ertoo- the $eepney dri"en by one Adrian .a#uican, and as resu!t of such un!a fu! and rec-!ess act of the accused a pedestrian by the name of /atrina *cha"e0, a 11 year o!d, second year student of A%A ,omputer ,o!!e#e, as hit by the $eepney of the accused, causin# the !atter2s death' That the accused failed to lend on the spot to the victim such help as may be inhis hands to give'3 &*mphasis supp!ied)

    $&o) a ca&eful e8a)ination the above!-uote* info&)ation( it .oul* appea& that if it .e&e not fo& the last sentence of the info&)ation <bol* an* un*e&line*=( the p&osecution .oul* have co&&ectly file* the info&)ation befo&e this ,ono&able Cou&t It appea&s that the p&osecution has faile* to ta3e into account the e8istence of one -ualifyin+ ci&cu)stance p&ovi*e* fo& un*e& the last pa&a+&aph of A&ticle "6 ( b&in+s the case out of the 1u&is*iction of this ,ono&able Cou&t an* into that of the Re+ional 0&ial Cou&t. The last pa&a+&aph of A&ticle "6 of the Revise* Penal Co*e p&ovi*es%
    40he penalty nest hi+he& in *e+&ee to those p&ovi*e* fo& to this a&ticle shall be i)pose* upon the offen*es .ho fails to len* on the spot to the pa&ties such help as )ay ne in his han*s to +ive.:

    >pon application of A&ticles 6/ an* ;/ of the Revise* Penal Co*e( the penalty ne8t hi+he& in *e+&ee to arresto mayor in its maximum period to prision correccional in its medium period /%i % o)e&s a -e&io! of 1 ont%s an! 2 !a' to 1 'ea&s an! 3

    mont%s( is prision correccional maximum to prision mayor medium /%i % o)e&s a -e&io! of 1 'ea&s, 3 mont%s an! 2 !a' to 24 'ea&s. 0he application of the -ualifyin+ ci&cu)stance un*e& A&ticle "6 )a3es the i)posable penalty fo& i)p&ison)ent fo& the c&i)e cha&+e* e8cee* 6 yea&s( such that it the&eby +ives 1u&is*iction to the Re+ional 0&ial Cou&ts an* not to this ,ono&able Cou&t an* its si)ila& cou&ts of 1u&is*iction.

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