REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
10TH JUDICIAL REGION
Branch 10
Malaybalay City
PEOPLE OF THE PHILIPPINES CRIMINAL CASE NO. 15707-05
Plaintiff
- Versus- For:
ESTAFA
ARMANDO MONTOYA,
Accused
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MOTION TO QUASH INFORMATION
ACCUSED, by the undersigned counsel, unto this Honorable Court most
respectfully moves to quash of the information filed against him on the ground
that:
THIS HONORABLE COURT HAS NO JURISDICTION
OVER THE OFFENSE CHARGED
ARGUMENTS
1. The accused having granted with bail is scheduled to be arraigned
on November 19, 2019. Records would show then that the instant information
was filed against the accused way back in 2005, for allegedly falsely pretending
to possess qualifications as penalized under paragraph 2(a), Article 315 of the
Revised Penal Code, with private complainant claiming to have suffered
damages in the total amount of One Hundred Forty Thousand Pesos (140, 000.00
php).;
Motion to Quash- Crim. Case No. 15707-05 page 2of 3
PP vs. Armando Montoya
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2. In interregnum however, Republic Act 109511 was passed amending
several provisions of the Revised Penal Code, including among others, an
increase
in the jurisdictional amount based on the damaged claimed of which also
became the basis for the determination of the imposable penalty for the crime of
Estafa, specifically under Par 2(a) of Article 315 of the Revised Penal Code. For
this specific crime, Sec 85 of R.A. 10951 now imposes only the penalty of Arresto
Mayor in its maximum period to Prisión Correccional in its minimum period, if such
amount is over Forty thousand pesos (₱40,000) but does not exceed One million two
hundred thousand pesos (₱1,200,000);
3. In the instant case, private complainant claimed that she allegedly
suffered a damage of One Hundred Forty Thousand (140, 000.00) due to the false
pretenses of the accused of which, by now carries only the imposable penalty of
Arresto Mayor in its maximum period to Prisión Correccional in its minimum
period. With the present range of imposable penalty, this honorable court is
therefore stripped of its jurisdiction over the offense charged, such that it no
longer has jurisdiction to try and hear this case;
4. Finally, Section 100 of R.A. 10951 specifically provides that it shall
have retroactive effect to the extent that it is favorable to the accused or person
serving sentence by final judgment;
WHEREFORE, in light of the foregoing, it is hereby prayed unto the
honorable court that:
A) THE INFORMATION FILED AGAINST THE ACCUSED BE
QUASHED AND THE INSTANT CASE BE DISMISSED FOR
LACK OF JURISDICTION OVER THE OFFENSE CHARGED;
B) THE BAIL POSTED BY THE ACCUSED BE RELEASED IN HIS
FAVOR THROUGH HIS BONDSMAN ON RECORD.
Other reliefs just and equitable are likewise prayed for.
1
“An Act Adjusting the Amount or the Value of Property and Damage on Which a Penalty is Based and the Fines Imposed
Under the Revised Penal Code, Amending for the Purpose Act No. 3815, Otherwise Known as "The Revised Penal Code", as
Amended”
Motion to Quash- Crim. Case No. 15707-05 page 3of 3
PP vs. Armando Montoya
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Malaybalay City, Bukidnon, Philippines.
ATTY. RUEL B. CARRIEDO
Counsel for the Accused
Roll No. 67571
PTR No.8151584; 1/4/19-Bukidnon
IBPr No. 063704; 1/5/19-Bukidnon
MCLE Compliance No.VI-0003505; 10/11/17
Carriedo Residence, Zone 2,
Brgy. Kalasungay, Malaybalay City
Contact No.- 0917-560-6527
REQUEST FOR HEARING
THE CLERK OF COURT
RTC Branch 10, Malaybalay City
Greetings!
Please set the foregoing motion to quash for hearing and consideration of this Honorable
Court, upon receipt hereof, or as soon thereafter as counsel may be heard subject to
available trial date as may be set by the honorable court
ATTY. RUEL B. CARRIEDO
NOTICE OF HEARING
THE PROVINCIAL PROSECUTOR
Province of Bukidnon, Hall of Justice,
Malaybalay City
Greetings!
Please be notified that the undersigned counsel is submitting the instant motion to
quash for hearing and consideration of this Honorable Court, upon receipt hereof, or as soon
thereafter as counsel may be heard subject to available trial date as may be set by the honorable
court
ATTY. RUEL B. CARRIEDO
Copy furnished by personal service: Date Received By:
Motion to Quash- Crim. Case No. 15707-05 page 4of 3
PP vs. Armando Montoya
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THE PROVINCIAL PROSECUTOR ___________________ ___________________
Hall of Justice, Province of Bukidnon,
Capitol Compound, Malaybalay City
