Republic of the Philippines

Third Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
City of San Jose del Monte
Province of Bulacan
Branch 3

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM. CASE NO. 2018-SJ-0409

FOR: Other Light Threats

SANNY LABRADOR,
Accused.
x---------------------------------------------x

MOTION

Accused Sanny Labrador, by counsel, unto this Honorable

Court, most respectfully avers that:

1. Undersigned counsel, in open court, manifested that he is

deferring his cross considering that the incident allegedly
took place on April 2016 and the complaint was filed before
the Office of the City Prosecutor, CSJDM,Bulacan in 2018.
This Honorable Court ordered the undersigned to submit
pertinent pleading within five (5) days or on the 13 th day of
February 2019.

2. That with all due respect to the distinguished Public

Prosecutor, the accused is of belief that the instant case for
other light threats has already prescribed. The crime charge
is a light offense which has a prescriptive period of two
months. Since the incident took place on April 16, 2016 and
the complaint was filed on 2018, thus, the criminal action
has prescribed.

3. Article 91 of the Revised Penal Code provides the

computation of prescription of offense:

“The period of prescription shall commence to run from the day on

which the crime is discovered by the offended party, the authorities, or
their agents, and shall be interrupted by te filling of the complaint or
information, and shall commence to run again when such proceedings
 terminate without the accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable to him.”

4. Here, as can be seen from the records the instant case did
not even passed through a barangay conciliation as required
by RA 7160.

5. The private complainant merely requested for a certificate to

file action long after the alleged incident, or more than two
(2) years after the alleged incident transpired.

PRAYER

WHEREFORE, premises considered, it is most respectfully

prayed of this Honorable Court that the complaint and information be
quashed and the instant case be dismissed on the ground of
prescription.

Other reliefs just and equitable in the premises are likewise

prayed for.

12 February 2019, City of San Jose del Monte, Bulacan.

SANNY LABRADOR
Accused

PUBLIC ASSISTANCE LEGAL AID UNIT (PALAU)

Office of the City Legal Service
3 Floor, Cityhall, Brgy. Poblacion
rd

City of San Jose del Monte, Bulacan

By:

ANTONIO D. ANDRES JR.

Roll No. 59469
PTR No. 1991383;01/04/2019; CSJDM, Bulacan
IBP No.097663; 01/4/2019; Bulacan
MCLE Compliance No. V-0021974/4-15-16

NOTICE OF HEARING WITH EXPLANATION

BRANCH CLERK OF COURT
MTCC – Branch 3
City of San Jose del Monte, Bulacan

ACP PABLO G. SALVADOR

City Prosecutor’s office
Brgy. Gaya-gaya, CSJDM, Bulacan

Greetings!

Please submit the foregoing motion for consideration and

approval of the Honorable Court on February 22, 2019 at 8:30 AM,
or at the time most convenient to the calendar of the Honorable
Court.

A copy of this Motion was not served personally due to lack of

personnel to do the same, copy of which was served to the said
offices by registered mail with return card.

ATTY. ANTONIO D. ANDRES JR.

Copy Furnished:

RESTITUTO DAYRIT
Blk 77, Lot 10, Brgy. Sta. Cruz
CSJDM, Bulacan