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Republic of the Philippines

Judicial Region III


Regional Trial Court
San Fernando City, Pampanga
Branch 13
BOOZE DRINKS R US, INC.,
Petitioner
Criminal Case No. _________________
For: Qualified Theft Through Falsification
of Commercial Documents

-versusVANGIE UY and MARY CRUZ,


Defendants
x-------------------------------------------------------x

MOTION TO QUASH
MARY CRUZ, by his undersigned attorney, respectfully moves to quash the information filed
against her on the ground that:
1. Under Rule 117, Sec. 3, par. (e) of the Rules of Court, that the complaint does not
conform substantially to the prescribed form,
2. The crime of Qualified Theft as alleged in the Complaint being punishable by penalty of
imprisonment of more than four (4) years, two (2) months and one (1) day, whereby a
preliminary investigation is required to be conducted before filing of a complaint or
information under Rule 112, Sec. 1 of the Rules; and that a preliminary investigation
was not conducted.
3. Under Rule 112, Sec. 4 of the Rules, that the complaint was filed without the prior
written authority or approval of the provincial or city prosecutor or chief state
prosecutor.
ARGUMENTS
1. The Complaint was filed directly before this Honorable Court, instead of first filing the
same before the Office of the Prosecutor;
2. There was no preliminary investigation conducted as required under Rule 112, Sec. 1 of
the Rules; and if there had been such, the Defendant herein was not issued a subpoena to
be given notice and to answer thereto.
3. The Complaint has no prior written authority or approval of the provincial or city
prosecutor or chief state prosecutor, and as such the same does not conform substantially
to the prescribed form.
WHEREFORE, in view of the foregoing, it is respectfully prayed that the information filed
against MARY CRUZ be dismissed. Other just and equitable reliefs are likewise prayed for.
San Fernando City, 1 March 2013
Cabales, De Guinto, Paralejas,
Verzosa & Villalobos Law Office
Counsel for the Accused