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Republic of the Philippines

REGIONAL TRIAL COURTS
7TH Judicial Region
Branch 77
Carcar City, Cebu

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Criminal Case No. R-CAR-20-00474-CR

For: RAPE

CARL VINCENT GENTAPA

IVAN JOSHUA ALERTA AND
LEO ALERTA
Accused.
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MOTION TO QUASH THE INFORMATION

The accused, IVAN JOSHUA GENTAPA, by undersigned counsel, and to

this Honorable Court, moves to quash the information as against him on the
following ground:

a) THAT THE FACTS CHARGED DO NOT CONSTITUTE AN

OFFENSE.

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. That given those circumstance, it
is but only proper that at this stage the prosecution should be shut off lead the
Honorable Court will only be burdened by baseless accusation not worthy of a
fuller examination.

PREFARATORY STATEMENT

Under the Constitution, a person who stands charged of a criminal offense has
the right to be informed of the nature and cause of the accusation against him. The
Rules of Court, in implementing the right, specifically require that the acts or
omissions complained of and the person to be charged as constituting the offense,
including the qualifying and aggravating circumstances, must be stated in
ordinary and concise language, not necessarily in the language used in the
statute, but in terms sufficient to enable a person of common understanding to
know what offense is being charged and the attendant qualifying and aggravating
circumstances present, so that the accused can properly defend himself and the
court can pronounce judgment.
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ARGUMENTS AND DISCUSSIONS

1. The INFORMATION accuses the herein accused of conspiring and

confederating and mutually helping with one another in raping
private complainant Cheney Aranas Sugcang by inserting their
fingers and caressed her breast against her will and without her
consent. However, if we based on the complaint affidavit and the
affidavit of witness filed by the office of the Provincial Prosecutor,
accused herein was indicted for raped, an offense that which he
was not mentioned in both affidavits as to his participation.

2. The affidavits only mentioned that when private complainant and

accused Leo entered in the room, he noticed the herein accused
sleeping on the floor. She only mentioned the name of Carl
Vincent who inserted his penis in her vagina and Leo who hugged
her. There is nothing in the affidavits that would show the
participation of the herein accused.

3. That the herein accused inform this Honorable Court that no probable
cause exist to warrant the prosecution of the accused for rape. The
affidavits clearly shows that complainant saw only accused LEO and
CARL VINCENT doing the overt act of raping her. Thus if no facts
were shown to constitute the offense of rape against the herein accused,
necessarily there would be no legal basis of institute any criminal
information. “When it is clear that the information does not really charge
an offense, the case against the herein accused must be dropped
immediately instead of subjecting him to anxiety and inconvenience of a
useless trial. The accused is entitled to such consideration and indeed,
even the prosecution will benefit from such dismissal because it can then
filed a corrected information. There is no point of proceeding under a
defective information that can never be the basis of a valid conviction.
4. The Anti-Rape Law of 1997 (which amended the previous definition of
rape as defined in the Revised Penal Code of 1930) defines the crime of
rape as follows:

Article 266-A. Rape: When And How Committed. – Rape is committed:

1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
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a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented,
even though none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in

paragraph 1 hereof, shall commit an act of sexual assault by inserting his
penis into another person’s mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another person;

5. All told, the herein accused herein respectfully submits that since the
facts accrued by the complainant do not at all show criminal liability as
against him and the resolution of the provincial prosecutor taking its
whole context does not admit that the crime of rape was committed. If is
therefore but imperative that the information be quash not only for lack
of probable cause but clearly the facts as shown does not constitute an
offense;
6. On the other hand, assuming without admitting that ACCUSED had
participation, the information states that the herein accused inserted their
fingers and caressed the breast of the private complainant will warrant
only the crime of RAPE through sexual assault which is a bailable
offense;

PRAYER

Wherefore, it is most respectfully beseeched of this Honorable Court that the

above arguments be considered and the case dismissed since the facts charged do
not constitute an offense.

Other relief just and equitable are likewise prayed for.

Respectfully and humbly submitted.

July 2, 2020 City of Naga, for Carcar City, Cebu, Phulippines.

DAVIDE & SUSUSCO LAW OFFICE

COUNSEL FOR THE ACCUSED
CENTRAL POBLACION, CITY OF NAGA
BESIDES UCPB BANK
Tel. No. (032) 4899616
By:
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ATTY. GIOVANNI D. SUSUSCO

IBP NO. AR55344831/12/13/2018/ 0Cebu City
PTR No. 3297652/ 01-03-2019/ Talisay City
Roll of Attorneys No. 53097
Admitted to the Bar on April 26, 2007
MCLE COMPLIANCE NO. VI-0277317

COPY FURNISHED

Asst. Pros. Geovanni Omega

Asst. Provincial Prosecutor
DOJ Bldg., M. Velez St.,
Guadalupe, Cebu City

EXPLANATION:

A copy of this Motion was furnished to the provincial prosecutor by mail due to distance
constraint and lack of personnel.

Atty. Giovanni Sususco

NOTICE OF HEARING

The Clerk of Court

Regional Trial Court
tTH
Judicial Region, Branch 77, Carcar City

Greetings:

Please bring the foregoing Motion to the attention of this Honorable Court on any
available calendar dates with/without need of the appearance of the parties due to the current
pandemic crisis and that further arguments are respectfully and humbly requested before this
Honorable Court to be done through comments and replies.

ATTY. GIOVANNI D. SUSUSCO