Motion to Quash Qualified Theft/Distinction from Carnapping
Republic of the Philippines
REGIONAL TRIAL COURT xxxxx Judicial Region
Branch xxxx
Cauayan City, Isabela
THE PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. xxxxx For: QUALIFIED THEFT -versus-
MAxxxxxxxx Accused. x--------------------------------------x MOTION TO QUASH
COMES NOW, the accused through the Public Attorney’s Office, by the undersigned counsel and unto this Honorable Court most respectfully moves for the quashal of the Information in the above-entitled case and in support thereof alleges:
1. That the accused has been indicted in two (2) Informations filed before the Honorable Court– for Violation of Anti-Carnapping Law in Criminal Case No. 7497 and Qualified Theft in Criminal Case No. 7496;
2. That the two charges arose out from a single incident and with single criminal intent which was the stealing or taking away without the knowledge and consent of the owner of one unit tricycle, which necessarily includes both the motorcycle and its sidecar, on single place and occasion, that is, on September 8, 2011 in the City of Cauayan, Isabela, Philippines and that the singularity of intent cannot be modified by the fact that the sidecar of the tricycle was subsequently detached from the motorcycle;
3. That under Rule 117, Section 3(f), of the Rules on Criminal Procedure, the accused may move to quash the complaint or information on the ground “that more than one offense is charged except when a single punishment for various offenses is prescribed by law”. Hence, this motion.
DISCUSSIONS/ARGUMENTS
4. In an Information for QUALIFIED THEFT filed by City Prosecutor Rudy J. Cabrera dated October 4, 2011 herein accused was indicted as follows:
The undersigned Prosecutor accuses MARISON DELOS SANTOS, of the crime of QUALIFIED THEFT, defined under Article 310 and
REGIONAL TRIAL COURT xxxxx Judicial Region
Branch xxxx
Cauayan City, Isabela
THE PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. xxxxx For: QUALIFIED THEFT -versus-
MAxxxxxxxx Accused. x--------------------------------------x MOTION TO QUASH
COMES NOW, the accused through the Public Attorney’s Office, by the undersigned counsel and unto this Honorable Court most respectfully moves for the quashal of the Information in the above-entitled case and in support thereof alleges:
1. That the accused has been indicted in two (2) Informations filed before the Honorable Court– for Violation of Anti-Carnapping Law in Criminal Case No. 7497 and Qualified Theft in Criminal Case No. 7496;
2. That the two charges arose out from a single incident and with single criminal intent which was the stealing or taking away without the knowledge and consent of the owner of one unit tricycle, which necessarily includes both the motorcycle and its sidecar, on single place and occasion, that is, on September 8, 2011 in the City of Cauayan, Isabela, Philippines and that the singularity of intent cannot be modified by the fact that the sidecar of the tricycle was subsequently detached from the motorcycle;
3. That under Rule 117, Section 3(f), of the Rules on Criminal Procedure, the accused may move to quash the complaint or information on the ground “that more than one offense is charged except when a single punishment for various offenses is prescribed by law”. Hence, this motion.
DISCUSSIONS/ARGUMENTS
4. In an Information for QUALIFIED THEFT filed by City Prosecutor Rudy J. Cabrera dated October 4, 2011 herein accused was indicted as follows:
The undersigned Prosecutor accuses MARISON DELOS SANTOS, of the crime of QUALIFIED THEFT, defined under Article 310 and