Prepare a Motion to Quash based on the following facts:

1. John Doe was charged with slight physical injury in court and was arrested and suffered
in jail for sometime but was able to post bail.

2. There was a Preliminary Investigation at the Fiscal-Level but John Doe was not afforded
an opportunity to file his counter-affidavit because he did not receive the subpoenas
intended for him on time.

3. The reason is that, his house number is No. 22 but his neighbor-complainant provided a
wrong address which is No. 2.

4. In one of the subpoena he received, the fiscal subpoenaed him to appear on June 22 and
29, 2017, respectively. Unfortunately, because the address is incorrect, he received the
subpoena only on the 30th of June, or one day too late.

5. The fiscal resolved to file the case in court.

6. The court presumably issued summonses but John Doe claims not to have received any
from court.

7. Since he did not appear in court, the judge issued a warrant for his arrest and he was
incarcerated but was able to post bail.

8. The court allowed his posting of bail and was instructed to attend to his
Arraignment/Pre-Trial on a specific date either in May or June 2018.

9. He now comes to you for help.

10. Consider that he was denied proper due process for not being afforded opportunity to be
heard during the preliminary investigation at the fiscal level because of the wrong address
of the subpoenas sent.

11. Also, does the court have jurisdiction over the person of the accused? Or is there lack of
proper service of summons. According to the Rules, summons must be sent personally,
substituted summons allowed only as an exception to this general rule. More so when in
executing substituted service, the sheriff sends it to the wrong address as mistakenly
indicated in the letter (house No. 2 instead of No. 22).
12. Submit your pleadings on or before APRIL 20, 2018 at 11:59pm.

13. Minimum of 3 pages, maximum of 10 to 15.

14. Make sure to include relevant jurisprudence.

15. Pacson, Abella, Pablo, Torrente, Pedrosa, Maquiraya, Ecleo, Dayag, Manigor, and Dela
Cruz NEED NOT comply to this assignment.

16. Pacson, see me for your position paper. ASAP

17. Abella, please provide me status of your paper, but no rush.

18. Concha, give the case folder to Ms. Pacson ASAP, ASAP, ASAP, ASAP!!!!!!!!!

19. Mr. Yul, please see me so I can give you your assignment.