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REPUBLIC OF THE PHILIPPINES

9TH JUDICIAL REGION


REGIONAL TRIAL COURT
Branch 47, Zamboanga

PEOPLE OF THE PHILIPPINES,


Plaintiff,

- versus - Criminal Case No. 1234


Serious Physical Injuries
RICARDO DALISAY y PROBINSYANO,
Defendant.
x ----------------------------------------------- x

MOTION TO QUASH
COMES NOW the Accused, through undersigned counsel, and to this
Honorable Court, respectfully moves to quash the information filed by the
Fiscal of Manila on the ground that:

THIS HONORABLE COURT HAS NO JURISDICTION OF THE


CASE.
ARGUMENT
1. The crime committed should only be Less Serious Physical
Injuries under Article 265 of the Revised Penal Code and not
Serious Physical Injuries under Article 263 of the same law,
the latter requires illness or incapacity for labor of the injured
person for MORE than thirty (30) days.

2. The information filed alleges illness or incapacity for labor of the


injured person for thirty (30) days therefore constituting only the
crime of Less Serious Physical Injuries which requires incapacity
for labor or medical attendance for ten days or more.

3. Consequently, jurisdiction should therefore be in the first level


courts and not in the Regional Trial Court. Under Rule 117, Sec.
3(b), one ground for a motion to quash is when the court trying
the case has no jurisdiction over the offense charged.

WHEREFORE, it is respectfully prayed that the information be


quashed and the Accused be released immediately from detention.

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Zamboanga, Philippines, January 15, 2019.

ALFONSO SIMON
Counsel for the Accused
IBP No. 61879; 1/2/1990; Zambo.
PTR No. 112098; 2/2/1990; Zambo.
Roll of Attorneys No. 12344

NOTICE OF HEARING

The Clerk of Court


Regional Trial Court of Zamboanga
Branch 47

Please set the foregoing Motion to Quash for hearing on Friday,


October 5, 1990 at 9:00 a.m. or as soon as counsel may be heard.

ALFONSO SIMON
Counsel for the Accused
IBP No. 61879; 1/2/1990; Zambo.
PTR No. 112098; 2/2/1990; Zambo.
Roll of Attorneys No. 12344

Copy Furnished: (3 days before hearing)


City Prosecutor
City Hall, Zamboanga

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