Charles - Motion To Quash

Republic of the Philippines
MUNICIPAL TRIAL COURT OF MANILA

National Capital Judicial Region
Branch 25
People of the Philippines,

Plaintiff,
- versus -
CRIM. CASE NO. 454300-CR

Serious Physical Injuries
Ray Charles Herrera,

Accused.
x------------------------------------x
MANIFESTATION WITH MOTION TO DISMISS
and MOTION TO QUASH WARRANT OF ARREST
Comes now the undersigned counsel, and unto this
Honorable Court, most respectfully entering his appearance
for the accused in the above-captioned case. As such, he prays
to be furnished with orders and other processes of this
Honorable Court.
Comes now, the accused, through the undersigned
counsel and unto this Honorable Court, most respectfully
manifests as follows:
1. He is the accused in the above-captioned case for Serious
Physical Injuries;
2. The case arose from the complaint filed by Darren Marc
Bautista at the City Prosecutors Office of the City Manila
alleging about an incident that transpired on November 22,
2
Charles Herrera, Manifestation and Motion
x-----------------------------------------------------------------x
2008 within the vicinity of the Pamantasan ng Lungsod ng

Maynila (PLM) where he was then studying;
3. After the conduct of the preliminary investigation where the
accuseds side was never heard, the Honorable Prosecutor filed
the information against him for Serious Physical Injuries;
4. Perusal of the Honorable Prosecutors Resolution stated that
the accused was notified per registry receipt no. 0001971 but
the accused now manifests before this Honorable Court that
he never received any notice from the Honorable Prosecutor;
5. What could have happened was that the notice was sent to the
accused using the PLM as address, as shown in the
Information, leading to non-acceptance by the accused of the
same because he stopped studying in said institution.
Nonetheless, it is apparent that only one notice was sent to the
accused at an address that does not belong to him and that he
was not heard during the preliminary investigation;
6. In fact, the accused learned of the case against him only when
he applied for a National Bureau of Investigation (NBI)
Clearance on August 12, 2014 where he was advised by the
NBI personnel that he cannot obtain a clearance because a
criminal case is pending against him;
7. Due to denial of accused right to due process during
preliminary investigation, he was deprived of the opportunity
to be heard and challenge the finding that what was allegedly
committed by him is Serious Physical Injuries based on the
finding that the fracture in private complainants nose lead to
deformity which would eventually heal and is not even
permanent and noticeable as required by jurisprudence in
classifying the subject offense;
8. Likewise, accused was not heard in all other aspects of the
complaint against him;
3
x-----------------------------------------------------------------x
9. Clear is Section 14(1), Art. III of the 1987 Constitution that

No person shall be held to answer for a criminal offense
without due process of law. What happened in this case is a
clear violation of the quoted provision because the accused
was made to answer for a criminal offense before this
Honorable Court without having accorded of his right to due
process. The notice sent to him at PLM is defective and
deprived him of his right to be heard;
10.
Also, a reading of the Information filed by the Honorable
Prosecutor shows that the facts charged are incongruently

unclear. The Information reads:
That on or about November 22, 2008, in the City of Manila,
Philippines, the said accused, did then and there willfully
unlawfully and feloniously attack, assault and use personal
violence upon one DARREN MARC BAUTISTA, by then and
there boxing him on his face and on the his (sic) left eye,
thereby inflicting upon the said Ray Charles Herrera physical
injuries which have required medical attendance for a period
of more than (30) Thirty days, and incapacitated and will
incapacitate the said Ray Charles Herrera from performing
his customary labor during the same period of time.
11.
The afore-quoted Information failed to clearly aver the
facts which constitute the offense of Serious Physical Injuries

against the accused because at first, it was stated that
accused
Ray
Charles
Herrera
willfully,
unlawfully,
and
feloniously attacked one Darren Marc Bautista, the private

complainant. However, the succeeding allegations in the same
Information state that accused Ray Charles Herrera inflicted
upon said Ray Charles Herrera physical injuries requiring
medical attendance for a period of thirty (30) days and
incapacitated Ray Charles Herrera from performing his
customary labor for a period of thirty (30) days;
4
x-----------------------------------------------------------------x
12.
his
Certainly, the accused Ray Charles Herrera would not, in

right
frame
of
mind,
inflict
physical
injuries
nor
incapacitate himself to perform his customary labor;

13.
These undeniable allegations in the Information are fatal
because it confuses the facts as to how the felony was

committed and the accused cannot possibly defend himself
intelligently
considering
that
he
was
being
charged
of
physically assaulting one Darren Marc Bautista then he is also

charged of inflicting physical injuries and incapacitating
himself;
14.
Since the facts in the Information failed to aver with
clarity and certainty the alleged actions of accused Ray

Charles Herrera constituting the offense of Serious Physical
Injuries, said Information and the corresponding warrant of
arrest merits to be quashed by this Honorable Court. From the
wordings of Section 3(a), Rule 117 of the Rules of Court is
the provision that The accused may move to quash the
complaint or information on any of the following grounds: (a)
That
the
facts
charge
do
not
constitute
an
offense
(underscoring supplied);
15.
Accused also manifests before this Honorable Court that
the instant case was pending since July 2009 and has not
moved forward from the time the Information was filed.
16.
He was not notified that an Information for Serious
Physical Injuries was filed against him, he was not arraigned,

the complainant and the Prosecution never presented any
evidence, the accused never appeared before this Honorable
Court, thus did not acquire jurisdiction, the instant case was
in fact archived already, and he learned only of this case when
he applied for NBI clearance on August 12, 2014;
17.
With all due respect to this Honorable Court and the
Honorable Prosecutor, the time that had lapsed since July
5
x-----------------------------------------------------------------x
2009 up to the filing of this motion is more than five (5) years
already which amounts to failure to prosecute on the part of
the complainant and the Prosecution. As such, accused is now
entitled to the dismissal of this case pursuant to his
Constitutional right to due process and speedy trial (Section
14(2), Art. III, 1987 Constitution);
18.
It is further manifested that aiming to amicably settle the
matter involved in this case, accused through his father Ray B.
Herrera went to the address of the complainant appearing in
the case record. However, after two (2) hours of searching for
private complainant at No. 586 Int. Saniboy St., Hulo,
Mandaluyong City, he was never found and the people living in
the place and even those closely within it state that they do
not know any Marc Darren Bautista;
19.
This circumstance gives way to a safe conclusion that
private complainant shows no interest in pursuing his
complaint because if he is, he should have made follow-ups as
to the status of his complaint. He would have notified the
Honorable Prosecutor and this Honorable Court if he merely
changed his address so that he may be notified of any orders
emanating from the court; and,
20.
Considering that the Preliminary Investigation was
conducted and the Information in this case was filed in
violation of the accuseds right to due process, the Information
is fatally defective as it failed to aver facts that constitute the
offense, the manifests disinterest of the complainant in
pursuing his complaint, the violation of accuseds right to
speedy trial and the resulting vexation to him because he
cannot obtain NBI Clearance to be used in seeking
employment, this case warrants dismissal by this Honorable
Court.
WHEREFORE, it is respectfully prayed of this Honorable
Court to dismiss the Information against Ray Charles B.
Herrera for Serious Physical Injuries and to quash the Warrant
of Arrest issued against him in relation to the instant case.
6
x-----------------------------------------------------------------x
Other reliefs, just and equitable under the circumstances,

are likewise prayed for.
Quezon City for Manila City, September 10, 2014.
MACARIO M. DE VILLA
21B Chronicle St., West Triangle
Quezon City
09195955479
mangyan007@yahoo.com
Roll of Attorneys No. 62780
IBP No. 968200/6.4.14/Or. Mindoro
PTR No. 9904600/6.6.14/QC
Admitted to the Bar May 6, 2014
With my conformity:
RAY CHARLES HERRERA
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
Metropolitan Trial Court, Branch 25
Manila
Darren March Bautista
586 Int. Saniboy St.,
Brgy. Hulo
Mandaluyong City
Atty. Desiree V. Dayag-Macaraeg
Asst. City Prosecutor
Office of the City Prosecutor
Manila
7
x-----------------------------------------------------------------x
Please set the foregoing motion for consideration and

approval of this Honorable Court on ______________ at 8:30
AM.
MACARIO M. DE VILLA
Counsel for Movant
EXPLANATION
The undersigned counsel served the private complainant
a copy of this motion through registered mail as shown by the
attached registry receipt due to personnel constraint.
MACARIO M. DE VILLA
Counsel for Ray Charles Herrera
Copy furnished:
Darren March Bautista
586 Int. Saniboy St.,
Brgy. Hulo
Mandaluyong City
Atty. Desiree V. Dayag-Macaraeg
Asst. City Prosecutor
Office of the City Prosecutor
Manila
VERIFICATION
I, Ray Charles B. Herrea, Filipino, of legal age, and a

resident of ___________________________, after having been
8
x-----------------------------------------------------------------x
sworn to in accordance with law, do hereby depose and state

that:
1. I am the petitioner-movant in this motion;
2. I have caused the preparation of the foregoing pleading;
and,
3. I have read and understood all the allegations herein and
affirm that the same are true and correct based on my
personal knowledge and on authentic records.
RAY CHARLES B. HERRERA

Affiant-Movant

Charles - Motion To Quash

Uploaded by

Copyright:

Available Formats

Charles - Motion To Quash

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Charles - Motion To Quash

Uploaded by

Copyright:

Available Formats

Republic of the Philippines

MUNICIPAL TRIAL COURT OF MANILA

People of the Philippines,

CRIM. CASE NO. 454300-CR

Ray Charles Herrera,

2008 within the vicinity of the Pamantasan ng Lungsod ng

9. Clear is Section 14(1), Art. III of the 1987 Constitution that

Also, a reading of the Information filed by the Honorable

Prosecutor shows that the facts charged are incongruently

The afore-quoted Information failed to clearly aver the

facts which constitute the offense of Serious Physical Injuries

feloniously attacked one Darren Marc Bautista, the private

Certainly, the accused Ray Charles Herrera would not, in

incapacitate himself to perform his customary labor;

These undeniable allegations in the Information are fatal

because it confuses the facts as to how the felony was

physically assaulting one Darren Marc Bautista then he is also

Since the facts in the Information failed to aver with

clarity and certainty the alleged actions of accused Ray

Accused also manifests before this Honorable Court that

He was not notified that an Information for Serious

Physical Injuries was filed against him, he was not arraigned,

With all due respect to this Honorable Court and the

Honorable Prosecutor, the time that had lapsed since July

Other reliefs, just and equitable under the circumstances,

RAY CHARLES HERRERA

Please set the foregoing motion for consideration and

I, Ray Charles B. Herrea, Filipino, of legal age, and a

sworn to in accordance with law, do hereby depose and state

RAY CHARLES B. HERRERA

You might also like