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Republic of the Philippines

REGIONAL TRIAL COURT


9TH Judicial Region
Branch 13
Zamboanga City

PEOPLE OF THE PHILIPPINES, CRIM. CASE No. _______________


Plaintiff,

-versus- FOR: Possession/Selling of illegal drugs

Ray Andrew B. Pasanting IN RELATION TO R.A.9165

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MOTION TO QUASH

COMES NOW, the undersigned counsel, unto this Honorable Court, respectfully states:

1. This motion to quash is based in Section 6, Rule 110 of the Revised Rules on Criminal

Procedure. Said section 6 provides:

Section 6. Sufficiency of complaint or information. A complaint or information


is sufficient if it states the name of the accused, the designation of the offense by the
statute, the acts or ommissions complained of as constituting the offense; the name of
the offended party; the approximate time of the commission of the offense and the
place wherein the offense was committed

2. The information states partially and relevant to Motion, the following:

That, on or about 4th day of August 2015, in Zone III, Barangay Zambowood,
City of Zamboanga, Philippines...

3. This given time and place of the alleged commission of the offense violates said
Section 6, Rule 110 because the approximate time and place of the commission of the
offense is too indefinite to give accused an opportunity to prepare intelligently his
defense. The phrase that, on or about 4th day makes the approximate time of the
commission of the offense more confusing and beyond approximation. The phrase
that, on or about 4th day does not refer to which particular time said offense was
committed within the 24-hour period of August 4 2015. In the same manner, Zone
III, Barangay Zambowood, City of
Motion to Quash
Criminal Case No. _________
Page 2

Zamboanga is too vague a place to approximate the exact location of the alleged

commission of the offense.

The alleged time and place of the commission of the offense places the accused in

the dark and he could not intelligently prepare his defense because the time and place of

the commission of the offense is very important and relevant to this case. It will allow

him to exactly recall his whereabouts on the time of the commission of the offense.

Wherefore for violation of Section 6, Rule 110 of the Revised Rules on Criminal

Procedure, in the sense that the exact time of the commission of the offense cannot be

fathomed by the accused, to enable him to prepare an intelligent defense, this case should

necessarily fail and so the Motion to Quash be granted.

Zamboanga City, Philippines, August 10, 2015.

MAEDELEE DE VILLA
(Counsel for the Accused)
Hall of Justice, Pettit Barracks
Zamboanga City
Roll No 12345
PTR No 1001000: 1-15-2015
IBP No. 123456: 1-09-15
Zamboanga City
MCLE Compliance No. IV 123456
Motion to Quash
Criminal Case No. _________
Page 3

The Branch Clerk of Court


Regional Trial Court, Branch 16
Zamboanga City

Office of the City Prosecutor


Zamboanga City

GREETINGS:

Please set this Motion for hearing on September 30, 2015 at 8:00 oclock in the morning for the
resolution of the Honorable Court as soon thereafter as counsel may be heard.

Zamboanga City, Philippines August 10, 2015.

MAEDELEE DE VILLA

Copy furnished:

Office of the City Prosecutor


Zamboanga City

_________________________

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