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REPUBLIC OF THE PHILIPPINES

Province of Surigao del Norte


REGIONAL TRIAL COURT
Branch 31, City of Surigao

PEOPLE OF THE PHILIPPINES,


Plaintiff,
Criminal Case No. 123456
For : THEFT

-versus-

Cupid Hedalgo,
Accused.
x-----------------------x

MOTION TO QUASH

THE ACCUSED, by counsel, respectfully moves to quash the


Information for the crime of theft on the following:
GROUNDS
1. It contains averments which, if true would constitute legal
justification;
2. This court is without jurisdiction.
In support, the accused respectfully states that:
ARGUMENT
The Information alleges that the accused CUPID HEDALGO is
ten (10) years old and without any known address. Under
Article 12, paragraph 3 of the Revised Penal Code, a person
over nine years of age and under fifteen, unless acted with
discernment, is exempt from criminal liability.
There is no allegation that the accused acted with discernment.
Under Article 80 of the Revised Penal Code, a minor unless

sixteen years of age at the time of the commission of a grave or


less grave felony, cannot be tried but instead shall have the
benefit of a suspension of all proceedings against him. The duty
of the court would be to commit the minor to the custody or care
of a public or private benevolent institution for the care and
education of homeless and delinquent children or to the
custody of the Department of Social Work and Development.
WHEREFORE, it is respectfully prayed that the Information
against the accused be QUASHED and that the accused be
released immediately from detention.
Surigao City; February 7, 2015

ANALEE ALVERASTINE
Counsel for Defendant
3rd floor, Yuipco Bldg.
Borromeo Street, Surigao City
Attorneys Roll no. 12345
IBP No.23456-01/08/11-Surigao
PTR No. 45678-01/08/11-Surigao
MCLE Compliance No.II-0008776-Nov 18, 2013

REQUEST FOR AND NOTICE OF HEARING


The Branch Clerk of Court
Regional Trial Court
Branch 31, City of Surigao
Please submit the foregoing Motion to the Court for its
consideration and approval immediately upon receipt hereof
and kindly include the same in the courts calendar for hearing
on February 16, 2015 at 8:30 in the morning.
Analee S. Alverastine
Counsel for Defendant
Atty. Sean Darwina
Public Prosecutor
1424 Rizal Street
Surigao City

Please take notice that counsel has requested to be heard on


February 16, 2015 at 8:30 in the morning.

ANALEE ALVERASTINE
Counsel for Defendant
3rd floor, Yuipco Bldg.
Borromeo Street, Surigao City

Copy furnished through personal service:


Atty. Sean Darwina
Public Prosecutor
1424 Rizal Street
Surigao City

PROOF OF SERVICE
I, Joyce Villar, messenger for Atty. Analee S. Alverastine, herein
Counsel for Defendant Cupid Hedalgo, hereby certify that I
personally delivered a Copy of the Motion to Plaintiff with
address 1234 Kaskag Village, Surigao City. The copy was
recived by plaintiff himself.

JOYCE VILLAR