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Regional Trial Court: "The Criminal Action or Liability Has Been Extinguished"

The accused, AAA, filed a Motion to Quash the Information charging them with Frustrated Murder. The motion argues that (1) the alleged crime occurred on March 18, 1996, so the 20-year prescription period has passed, and (2) the accused's arrest on January 8, 2021 was illegal since the criminal liability was extinguished by the prescription of more than 20 years. Therefore, the accused requests that the Information be quashed since the criminal action has been extinguished by prescription. A hearing on the motion is scheduled for January 13, 2021.

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Jhoey Castillo Bueno
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1K views2 pages

Regional Trial Court: "The Criminal Action or Liability Has Been Extinguished"

The accused, AAA, filed a Motion to Quash the Information charging them with Frustrated Murder. The motion argues that (1) the alleged crime occurred on March 18, 1996, so the 20-year prescription period has passed, and (2) the accused's arrest on January 8, 2021 was illegal since the criminal liability was extinguished by the prescription of more than 20 years. Therefore, the accused requests that the Information be quashed since the criminal action has been extinguished by prescription. A hearing on the motion is scheduled for January 13, 2021.

Uploaded by

Jhoey Castillo Bueno
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Second Judicial Region


REGIONAL TRIAL COURT
Branch 22
Cabagan, Isabela

PEOPLE OF THE
PHILIPPINES,
Plaintiff,
CRIM. CASE NO. 123

For: FRUSTRATED MURDER


-versus-

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

MOTION TO QUASH INFORMATION

COMES NOW accused AAA, through the Public Attorney’s Office


and unto this Honorable Court, moves to Quash the Information dated 15
October 1996, charging the accused of the crime of Frustrated Murder based
on the alleged incident that took place on 18 th day of March 1996 at San
Pablo, Isabela, on the ground that:

“The criminal action or liability has been extinguished”

1. The accused submits that the alleged crime of Frustrated


Murder was already prescribed pursuant to Article 90 of the Revised Penal
Code which provides that:

“Crimes punishable by death, reclusion perpetua or reclusion


temporal shall prescribe in twenty (20) years”

2. Hence, the arrest of the accused on January 8, 2021, by the PNP


San Pablo, Isabela by virtue of an Alias Order of Arrest dated 13
December 1999 issued by the Honorable Court is illegal in view of the fact
that the crime was already prescribed;

3. Pursuant to Article 89 of the Revised Penal Code, the criminal


liability, if any by the accused, is totally extinguished by prescription of
the crimes considering that the arrest is effected more than twenty (20)
years from 13 December 1999 until January 8, 2021;

4. Thus, the accused herein respectfully submits that since the


alleged crime of Frustrated Murder had already prescribed, it is therefore
1
but imperative that the Information be quash on the ground that the
criminal action or liability has been extinguished.

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court that the above arguments be considered and the Information be quash
on the ground that the criminal action or liability has been extinguished
and order for the immediate release of the accused from detention.

Other relief just and equitable under the premises are likewise prayed
for.

Respectfully Submitted.

Cabagan, Isabela. January 11, 2021.

Copy furnished:

Office of the Provincial Prosecutor


Cabagan, Isabela

NOTICE OF HEARING

THE BRANCH CLERK OF COURT


Regional Trial Court
Branch 22
Cabagan, Isabela
Greetings:

Please take notice that the foregoing Motion to Quash shall be


submitted for the consideration and approval of the Honorable Court on
January 13, 2021, at 2:00 o’clock in the afternoon or as soon as counsel and
matter may be heard.

BBB

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