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- versus 102078 Criminal Case of No. R.A.

Fradzkhan Ismael, Violation 9995 Accused. No. 5 x ----------------------------------------------- x MOTION TO QUASH

COMES NOW the Accused, through undersigned counsel, and to this Honorable Court, respectfully moves to quash the information filed by the Fiscal of Zamboanga on the ground that: THE FACTS CHARGED DOES NOT CONSTITUTE AN OFFENSE. ARGUMENT Section 4(d) of Republic Act No. 9995 also known as the Anti-Photo and Video Voyeurism Act of 2009 provide: Republic Act No. 9995, section 4 (d) (d) To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. The accused does not intend to publish or broadcast the said video and at the first place when the video was send trough e-mail the accused was attending a birthday party and an access to the internet is not possible, furthermore the accused copy of the said sex video was only the one that is saved on his laptop computer which is not in his possession because it was subject for repair. The sex video that was circulating on the wed was not uploaded by the accused although the video found in the e-mail of the complainant friend was send trough the e-mail of the accused, this e-mail address was hacked a week before the video was e-mailed and thus the accused has no control and access to this particular e-mail address. WHEREFORE, it is respectfully prayed that the information be quashed and the Accused be released immediately from detention.

Zamboanga, Philippines, September __, 2011.

Radiya P. Istarul Counsel for the Accused IBP No. 61879; 1/2/1990; Manila PTR Manila Roll of Attorneys No. 12344 NOTICE OF HEARING The Clerk of Court Regional Trial Court of Zamboanga Branch 47 Please set the foregoing Motion to Quash for hearing on _______, September __, 2011 at 9:00 a.m. or as soon as counsel may be heard. Radiya P. Istarul Counsel for the Accused BP No. 61879; 1/2/1990; Manila PTR No. 112098; 2/2/1990; Manila Roll of Attorneys No. 12344 Copy Furnished: (3 days before hearing) City Prosecutor No. 112098; 2/2/1990;