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Motion To Quash Information 1

The accused filed a motion to quash the information charging them with violation of RA 11332, which provides policies and procedures for surveillance and response to notifiable diseases. The motion argues that (1) the facts charged in the information do not constitute an offense under the law and (2) at the time the accused was intercepted and quarantined, they had not tested positive for or been suffering from any known notifiable disease. Therefore, the accused requests that the court quash the information and dismiss the case permanently.

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Edter Paul Salcedo
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345 views2 pages

Motion To Quash Information 1

The accused filed a motion to quash the information charging them with violation of RA 11332, which provides policies and procedures for surveillance and response to notifiable diseases. The motion argues that (1) the facts charged in the information do not constitute an offense under the law and (2) at the time the accused was intercepted and quarantined, they had not tested positive for or been suffering from any known notifiable disease. Therefore, the accused requests that the court quash the information and dismiss the case permanently.

Uploaded by

Edter Paul Salcedo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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MOTION TO QUASH INFORMATION

ACCUSED, through the and before the Honorable Court, most


respectfully states:

1. That the accused was charge for violation of RA 11332 known


as An Act Providing Policies and Prescribing Procedures on
Surveillance and Response to Notifiable Diseases, Epidemics, and
Health Events of Public Health Concern, and Appropriating
Funds Therefor, Repealing for the Purpose Act No. 3573,
Otherwise Known as the "Law on Reporting of Communicable
Diseases and the above named accused was charge in the information
as follows;

2. That the accused would like to move to quash the information


on the ground that the facts charge in the information does not
constitute an offense.

3. That Republic 11332, Section 9. Prohibited Acts. -The following


shall be prohibited under this Act:

(a) Unauthorized disclosure of private and confidential


information pertaining to a patient’s medical condition or
treatment;

(b) Tampering of records or intentionally providing


misinformation;

(c) Non-operation of the disease surveillance and response


systems;

(d) Non-cooperation of persons and entities that should report


and/or respond to notifiable diseases or health events of public
concern; and

(e) Non-cooperation of the person or entities identified as having


the notifiable disease, or affected by the health event of public
concern.

4. That for the accused to be liable under this law, the accused should
had been identified having a notifiable diseases. However at the time the
accused was intercepted or was put in quarantine, above named accused was
1

not suffering from any known notifiable diseases within the contemplation
Page

of RA 11332. Above named accused was just tag as Person under


Monitoring but was not tested positive or is suffering from any notifiable
Disease;

5. That considering the facts charge in the information does not


constitute an offense, accused humbly moves to quash the information and
to dismiss the case permanently.

WHEREFORE, premises considered, it is most respectfully prayed of


the Honorable Court to quash the information and this case be dismiss
permanently.

Other reliefs which are just and equitable in the premises are likewise
prayed for.

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