REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7TH Judicial Region
City of Naga, Cebu

PEOPLE OF THE PHILIPPINES

Plaintiff,
versus CASE No. MTCCN-048-18
CRIS ALIGANGA FOR : ESTAFA
Accused (ART.315 (1b) of RPC)
X__________________________/

MOTION TO QUASH INFORMATION

Accused , Cris Aliganga , by counsel, states :

1. Accused respectfully moves to quash the information

dated____ on the ground that the facts charged do not constitute an
offense .

2. To constitute an offense the following elements must

be present :

1. With unfaithfulness or abuse of confidence, namely :

(b) By misappropriating or converting, to the prejudice of another,

money, goods, or any other personal property received by the
offender in trust or on commission, or for administration, or under
any other obligation involving the duty to make delivery of or to
return the same, even though such obligation be totally or partially
guaranteed by a bond; or by denying having received such money,
goods or other property.

3. The information reads

sometime on the 6th day of the month of July 2017 and subsequent
thereto, in the City of Naga, Province of Cebu, Philippines and within the
jurisdiction of this Honorable Court, the above-named accused ,being the
Contractor of two story house to be completed/finished in the month of
November 2017 on the 37 square meter lot of SPS. JOSE ERWIN LORENZO and
MA.DESIREE CARMELA LORENZO, with unfaithfulness and abuse of
confidence reposed upon him by the spouses, and with intent to defraud
SPS.JOSE ERWIN LORENZO and MA. DESIREE CARMELA LORENZO, after
having received the amount of FIVE HUNDRED SIXTY THREE THOUSAND
(PhP 563,000.00) PESOS in trust to him for the construction of the house of SPS.
LORENZO, and once in possession of the money and after making initial
construction of the house, and far from complying of his obligation to complete
and finish the construction or return the money received despite of several
demands, the said accused, did then and there willfully, unlawfully and
feloniously misappropriate and/or convert the said money to his own personal
use and benefit, to the damage and prejudice of SPS. JOSE ERWIN LORENZO
and MA. DESIREE CARMELA LORENZO in the aforementioned amount.

4. That accused submits that a complaint or information must

state every single fact necessary to constitute the offense charged.
From the legal and factual assessment of the facts presented
the essential elements of the offense as alleged and as defined
by law was not sufficiently shown.

There was no unfaithfulness or abuse of confidence.

4.1 There was no unfaithfulness or abuse of confidence.

Accused agreed to handle the construction,
because it was the complainant, Jose Erwin
Lorenzo the office mate of the accused who first
sought his service to draft a free hand design for a
37 -square meter lot. That free hand draft was even
requested for free by the complainant. Accused
never brag or never made any pretenses, nor made
an effort to convince the Spouses on his capacity to
do a design and build services.

No Misappropriation

4.2 The money received by the accused from the

Spouses Lorenzo was not given in one time basis.
Simply put, there was a progress report in order
for the Spouses to impart their money and it was
substantiated with receipts and that the Spouses
themselves can attest the materials were being used
in the construction as provided by the picture
attached in their Judicial affidavits. Otherwise, the
House would not be erected at all.

4.3 Despite delay in the completion of the work ,

accused never left or did not run away from his
obligation .Delays were due to unfavorable weather
and also the additional works such as removal of
the excavated soil . Accused asked help from the
complainant because this is additional cost but
complainant did not heed to accused ‘s request. The
 additional cost eventually was shouldered by the
accused.

Complainants were not prejudiced.

4.4 For a cost of PhP 563,000.0 the Spouses can make a

rough estimate that the erected house would consumed
that amount and even more( considering the labor and
materials involved) also, because of the additional cost,
and that accused even infused money from his own
pocket. It was actually the Spouses complainants who
benefited from this transaction , they are trying to get
more than what they gave to the contractor

5. That given the circumstances, it is but only proper that

at this stage, the prosecution be shut off other wise the
Honorable court will only be burdened by baseless
accusation not worthy of fuller examination.

PRAYER

Wherefore, premises considered, accused CRIS

ALIGANGA respectfully prays that the INFORMATION
be quashed and the case be dismissed.

Cebu City for Naga City , April 4,2018.

A ACOSTA &ASSOCIATES
Accused’s Counsel
Unit 1606, 16 th Floor, Keppel Centre
Cardinal Rosales Avenue corner Samar Loop
Cebu Business Park
Cebu City, Philippines 6000
Telephone Number : 032 354 9908
Mobile Number: 0928 506 3466
Email: Abraham@AcostaLaw.ph
Website:http//www.AcostaLaw.ph

By:

ABRAHAM REY MONTECILLO ACOSTA

 Roll of Attorneys No. 54441
IBP Lifetime No. 010415;Cebu City Chapter
PTR No. 177135; 3 January 2018;Cebu Province
MCLE Compliance No.: V-0006387; 27 February 2015