Republic of the Philippines

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 30, MANILA
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus -

CRIM. CASE NO. 2016-1106

For: Violation of Sec. 12 Art. II
of RA 9165

DENNIS CELDRAN y CATANE

and JENNIFER ORIAS y
BETSCHART,
Accused.

x-------------------------------------------------x

MOTION TO QUASH
ACCUSED, by counsel, respectfully moves to quash the
information filed against them and in support thereof most respectfully
aver that:
The Information Must Be Quashed On Ground
That More Than One Offense Is Charged
Except When A Single Punishment For
Various Offenses Is Prescribed By Law
1. An accused may move to quash a complaint or information on
the ground that more than one offense is charged except
when a single punishment for various offenses is prescribed by
law1 at any time before entering his plea.2
2. Petitioners Motion to Quash is anchored on Section 3(f), Rule
117, of the Rules of Court, to wit:
Section 3. Grounds. The accused may move to
quash the complaint or information on any of the following
grounds:
(f) That more than one offense is charged except
when a single punishment for various offenses is
prescribed by law
1
2

Rules of Court, Rule 117, Sec. 3(f).

Rules of Court, Rule 117, Sec. 1.
Page 1 of 4

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xxxxxx

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3. The Accused are primarily charged with Section 15 of Art. II of

R.A. 9165 and in relation thereto, an additional charge for
violation of Sec. 12 of Art. II of R.A. 9165 was also filed against
them.
4. There is more than one offense that is being charged and the
Accused are in jeopardy of being convicted of another crime
which is generally essential to the commission of the original
charge. In short, the paraphernalia are already absorbed in the
first offense of using as one cannot use the alleged illegal
substance without the said paraphernalia.
5. The paraphernalia that were allegedly taken from the Accused
are the following:
a. Four (4) pieces aluminum foil used as gutters;
b. One (1) aluminum foil used as a needle;
c. Two (2) empty unsealed plastic sachet containing traces of
white crystalline granules believed to be shabu;
d. One (1) improvised-water pipe glass used as tooter; and ]
Two (2) pieces disposable lighters fit or intended for or used or
intended to be used, in any manner for smoking or ingesting
dangerous drugs.
6. It is clear that the paraphernalia were intended for the use of
the alleged illegal substance. These are clear from the
Information itself.
7. The Honorable Supreme Court in People v. Martinez3 had the
opportunity to tackle this issue and said:
In order to effectively fulfill the intent of the law to
rehabilitate drug users, this Court thus calls on law enforcers
and prosecutors in dangerous drugs cases to exercise proper
discretion in filing charges when the presence of dangerous
drugs is only and solely in the form of residue and the
confirmatory test required under Sec. 15 is positive for use of
dangerous drugs. In such cases, to afford the accused a
chance to be rehabilitated the filing of charges for or involving
possession of dangerous drugs should only be done when
another separate quantity of dangerous drugs, other than mere
residue, is found in the possession of the accused as provided
for in Sec. 15.
3

G.R. No. 191366, December 13, 2010

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8. It should be remembered that the Accused were arrested for

allegedly using of illegal substance. Thus the paraphernalia are
essential to the use of the alleged illegal substance. In addition,
the Accused were found positive for illegal substance in their
urine. Thus it can be said that the paraphernalia are absorbed
by the crime of using under Sec. 15 of Art. II of R.A. 9165.

RELIEF

WHEREFORE,
PREMISES
CONSIDERED,
Accused
respectfully pray that this Honorable Court after thorough
examination of the records find that there is more than one offense
charged against the Accused and an Order shall issue Quashing
the Information filed by the Prosecution.
Other equitable reliefs are likewise prayed for.
Respectfully submitted.
October 12, 2016 Cagayan de Oro City.

Anthony Marvin G. Ponce de Leon

Counsel for the Accused
The Barn Building
# 83 Corrales Avenue, Cagayan de Oro City
Roll of Attorney No. 40561
PTR No. 2696001 A; 12-16-14
IBP Lifetime No. 07385; 04-02-07
TIN No. 189-955-108
MCLE COMPLIANCE No. IV- 0007702; 09-11-12
(Non Compliance Supreme Court Receipt No. 0241302)
Copy furnished:

Pros. ANSHAREY S. LALIA

3rd Assistant City Prosecutor
Office of the City Prosecutor
Cagayan de Oro City

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REQUEST FOR & NOTICE OF HEARING

The Branch Clerk of Court
Branch 40
Regional Trial Court
Cagayan de Oro City
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
Thursday, October 12, 2016 at 8:30 in the morning.
Pros. ANSHAREY S. LALIA
3rd Assistant City Prosecutor
Office of the City Prosecutor
Cagayan de Oro City
Please take notice that counsel has requested to be heard on
Thursday, October 12, 2016 at 8:30 in the morning.

ANTHONY MARVIN G. PONCE DE LEON