Republic of the Philippines

First Judicial Region

REGIONAL TRIAL COURT
City of Batac
Branch XVIII

ISABEL DAWANG y RIZAL,

Complainant, Crim. Case No. ________

- versus - FOR: Rape with Homicide

JOEL YATAR y QUIAOIT,

Respondent.
x----------------------------------x

MOTION TO QUASH INFORMATION

COMES NOW accused JOEL YATAR y QUIAOIT by the undersigned

counsels and unto this Honorable Court respectfully submits:

1. That from the facts presented by the private complainant including

the resolution prepared and released by the Honorable City
Prosecutor of Batac, Ilocos Norte, the accused herein move for the
quashal of the information on the ground that:

That the facts charged do not constitute an offense

because the information does not charge the proper offense

2. That accused submits that a complaint or information must state

every single fact necessary to constitute the offense charged. From the
legal and factual assessment of the facts presented the essential
elements of the offense as alleged and as defined by law was not
sufficiently shown;

3. That the information imputes upon the accused the crime of Rape
with Homicide, the elements of which are as follows: (1) the accused
had carnal knowledge of a woman; (2) carnal knowledge of a woman
was achieved by means of force, threat or intimidation; and (3) by
reason or on occasion of such carnal knowledge by means of force,
threat or intimidation, the accused killed a woman;
 4. That the information submitted by the prosecution alleges that:

x x x the accused, in order to have carnal

knowledge of a certain KATHYLYN D. UBA, seventeen
year old, did then and there wilfully, unlawfully, and
feloniously, and with use of a bladed weapon stab
the latter inflicting upon her fatal injuries resulting
in the death of the victim, and on the occasion
or by reason thereof, accused, wilfully, unlawfully
and feloniously, and by means of force and violence
had carnal knowledge of said Kathlyn D. Uba
against her will;

5. That upon careful scrutiny of the information, the elements for the
crime of Rape with Homicide were not met. As alleged in the
information, the accused had carnal knowledge of the victim on the
occasion of the killing or only after the victims death, this being the
case the crime of Rape with Homicide is not properly established;

6. That given those circumstance, it is but only proper that at this stage
that the prosecution should be shut off as leading the Honorable
Court will only be burdened by baseless accusation not worthy of a
fuller examination;

7. All told, the accused herein respectfully submits that since the facts
as alleged in the information do not admit that the crime of Rape with
Homicide was committed, it is therefore but imperative that the
information be quashed as the facts as shown in the information does
not constitute the offense charged.

PRAYER
WHEREFORE, it is most respectfully beseeched of this Honorable Court
that the above arguments be considered and the information for the crime of
Rape with Homicide against the accused, Joel Yatar y Quiaoit, be quashed.

Other just and equitable reliefs are likewise prayed for.

Batac City, Ilocos Norte, Philippines, March 24, 2017.

 DE LARA & ALVIARNE LAW OFFICE
Counsel for the Accused
2nd floor, ABC Building
Ablan, Batac City, Ilocos Norte

By:

Atty. CLAUDETTE ABIGAIL B. DE LARA Atty. APRILLE S. ALVIARNE

ROLL No. 24680, 15 May 2012
IBP No. 09903456/1.05.2012
PTR No. 2468123/1.06.2017 I.N.
MCLE Compliance No. V-0003456
3.26.2015
Batac City, Ilocos Norte (077)654-3425
NOTICE OF HEARING
ROLL No. 56789, 15 May 2012
IBP No. 12098/ 1-20-2012
PTR No. 7898505 1-3-2017 I.N.
MCLE Compliance No.
X-00967, 1-6-2017
Batac City, Ilocos Norte (077)654-3425

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch 18
Batac City

Greetings!

Please submit the foregoing motion to the Honorable Court on March 24,
2017 at 8:30 in the morning for its favorable consideration and approval.

Atty. Claudette Abigail de Lara

Counsel for the Accused

Atty. Aprille S. Alviarne

Counsel for the Accused
Copy furnished by personal service:

HON. MARVIN A. DIEGO

City Prosecutor
Office of the City Prosecutor, Batac City

HON. JOESHUA AGCAOILI

Private Prosecutor
Taft St., Batac City, Ilocos Norte