PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus-
Criminal Case No. 00143-01
FOR : QUALIFIED THEFT
MOLINO M. MAKAWAT, JR. ,
Accused.
x------------------------x

MOTION TO QUASH INFORMATION

Comes now MOLINO M. MAKAWAT, JR. by the undersigned

counsel 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 Iloilo City, the accused herein move for the quashal
of the information on the ground that:

That the facts charged do not constitute an offense.

2. lead the Honorable Court will only be burdened by baseless

accusation not worthy of a fuller examination.

3. The private complainant in his complaint affidavit accuses the

accused in this case for Theft for allegedly taking the private
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 complainants Rocky Mountain Altitude 730 Full Suspension
Mountain Bike with an estimated value of sixty five thousand
pesos (P65,000.00) to the damage and prejudice of the private
complainant. Meanwhile based on the complaint affidavit filed by
the office of the City Prosecutor, accused herein were indicted for
qualified theft, an offense that is way different or in contrast to the
offense charged.

4. That earlier, accused here in have filed a motion for judicial

determination of probable cause precisely to impress upon the
Honorable Court that no probable cause exist to warrant the
prosecution of the accused for any offense. The complaint affidavit
and the resolution clearly shows that complainant saw the
accused carrying a mountain bike outside their home and saw the
son of the accused riding a mountain bike and immediately
concluded that it is her lost property. Thus if no facts were shown
to constitute theft, necessarily there would be no legal basis of
institute any criminal information. When it is clear that the
information does not really charged an offense, the case against
the accused must be dropped immediately instead of subjecting
him to anxiety and inconvenience of a useless trial. The accused
is entitle to such consideration and indeed, even the prosecution
will benefit from such dismissal because it can then filed a
corrected information provided the accused has not yet attached.
There is no point of proceeding under a defective information that
can never be the basis of a valid conviction. (Cruz vs Court of
Appeals G.N. No. 93754 February 18, 1991.)

1. There was taking of personal property.

2. That said property belongs to another.
3. That the taking was done without the consent of the owner.
4. That the taking was done with intent to gain
5. That the taking was accomplished without violence or
intimidation against person or force upon things.

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 6. That the taking was done under any of the circumstances
enumerated in Art. 310 RPC with grave abuse of confidence (
Mafudo v Pp G.R. No. 179061 July 13, 2009)

5. All told, the accused herein respectfully submits that since the
facts accrued by the complainants do not at all show criminal
liability and the resolution of the City prosecutor taking its whole
context does not admit that the crime of qualified theft was
committed. If is therefore but imperative that the information be
quash not only for lack of probable cause but clearly the facts as
shown does not constitute an offense.

Wherefore, it is most respectfully beseeched of this Honorable

Court that the above arguments be considered and the case
dismissed since the facts charged do not constitute an offense.

Respectfully Submitted,

ATTY. MARIANNE P. JUNCO

Counsel for the Accused
IBP No. 836245/ 01-14-15 - Guimaras
PTR No. 1315812/ 01-05-15- Guimaras
Roll of Attorneys No. 33450
MCLE Compliance No. V-0004385 -
10/23/14

Copy furnished;

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HON. PAUL ELY RIVERA
Office of the Provincial Prosecutor,
Iloilo City, Iloilo