REPUBLIC OF THE PHILIPPINES

REGION III
REGIONAL TRIAL COURT
City of Balanga
Branch 3

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 543789
- versus - For: QUALIFIED THEFT

NICKY ANDREW YAMBAO,

Accused.
x ---------------------------------------- x

MOTION TO QUASH

THE ACCUSED, by counsel, respectfully moves to quash the Information for the crime
of Qualified Theft on the following:

GROUNDS

1. That the Honorable Court trying the case has no jurisdiction over the
person of the accused due to the illegality of the arrest; and

2. That the Assistant prosecutor who filed the information against the
accused has no authority to do so due to the absence of the approval of
the City Prosecutor.

In support, the accused respectfully states that:

ARGUMENT

I. The Honorable Court trying the case has no jurisdiction over the person of
the accused due to the illegality of the arrest.

Section 5 (b), Rule 113 of the Revised Rules of Criminal Procedure, provides that an
arrest without warrant may be done: “when the offense has just been committed and he has
probable cause to believe based on personal knowledge of facts or circumstances that a
person to be arrested has committed it.

WHEREFORE, it is respectfully prayed that the Information against the accused be

QUASHED and that the accused be released immediately from detention.

[CITY] ___________; [DATE] _________________________.

[SIGNATURE]
[NAME OF COUNSEL] ___________
Counsel for Accused
[ADDRESS] ______________

REQUEST FOR & NOTICE OF HEARING

THE BRANCH CLERK OF COURT

[COURT] ____________
[BRANCH] ____________, [CITY] __________________

Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the court’s calendar for
hearing on Friday, [DATE] at [TIME] in the [MORNING/AFTERNOON].

[NAME] _____________________
[ADDRESS] _____________________________

Please take notice that counsel has requested to be heard on Friday, [DATE] at
[TIME] in the [MORNING/AFTERNOON].

[SIGNATURE]
[NAME] _________
Counsel for Plaintiff
[ADDRESS] ___________________

Copy furnished through personal service:

[NAME OF COUNSEL] __________________

Counsel for the Defendant
[FIRM NAME] _______________
[ADDRESS] ________________

[USE THE FOLLOWING IF SERVICE IS NOT MADE PERSONALLY]

Copy furnished through registered mail:

[NAME OF COUNSEL] __________________
Counsel for the Defendant
[FIRM NAME] _______________
[ADDRESS] ________________
Registry Receipt No. ________
Post Office ________________
Date _____________________

EXPLANATION

The foregoing [DESIGNATION OF PLEADING, MOTION, ETC] _______________and

its attachment were served on [NAME OF COUNSEL] ________________ by registered mail
instead of personal service as counsel for petitioner [STATE REASON]
___________________.

[SIGNATURE]
[NAME] _________________

Republic of the Philippines )

City of _______________ ) s.s.

AFFIDAVIT
 I, [NAME] ____________ , a messenger of [NAME OF COUNSEL FOR PLAINTIFF],
with office address at [ADDRESS] __________________, after being duly sworn, deposes
and states:

That on [DATE] ______________________, I served a copy of the following

pleadings/papers by registered mail in accordance with Section 10, Rule 13 of the Rules of
Court:

Nature of Pleading/Paper
[STATE PLEADING/PAPER SENT]
________________________

in Case No. [CASE NUMBER] _________________ entitled [TITLE OF CASE]

____________________ by depositing a copy in the post office in a sealed envelope, plainly
addressed to [NAME OF PARTY/ATTORNEY] _______________ at _______________ with
postage fully paid, as evidenced by Registry Receipt No. _____________________ attached
and with instructions to the post master to return the mail to sender after ten (10) days if
undelivered.

TO THE TRUTH OF THE FOREGOING, I have signed this Affidavit on [DATE]

________________, in the City of [CITY] _____________, Philippines.

[SIGNATURE]
[NAME] __________
Affiant

SUBSCRIBED AND SWORN TO before me in the City of _______________ on this day

of [MONTH AND YEAR]_________________, affiant exhibiting before me his Government
Issued ID no. _______________ issued on [DATE}__________________ at [PLACE OF
ISSUANCE]_____________________.

[SIGNATURE]
[NAME]_______
Notary Public

Until [DATE]__________________
PTR No. [NUMBER] ____________
Issued at [PLACE]______________
On [DATE] ___________________

Doc. No.
Page No.
Book No.
Series of [YEAR] ___________.