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Republic of the Philippines}

City of Zamboanga............}
x--------------------------------x

AFFIDAVIT OF COMPLAINANT
I, Mohammad Antao, of legal age, married, Filipino, and a resident of Star St., Tumaga.
Zamboanga City, after having been sworn to in accordance, depose and say:
1.
That I am the duly-appointed Regional Director of the Department of Public Works and
Highways Regional Office - IX;
2. That on January 15, 2014, on or about on or about 10:30 a.m., Security Officer Al-Rashid
Siraji went to my office and started maligning me and uttered slanderous, malicious, and
defamatory words against my person in this wise: MARU! KAWATAN! BOBO! (SLY!
THIEF! STUPID!);
3.
That I was checking his performance and reminded him that poor performance will be
ground to terminate his employment;
4.
That his utterance is heard by Normilyn Miralpes, Maida Ismael and some employees
outside my office;
5. That because of these slanderous and defamatory words, I felt belittled, ashamed and my
reputation was tarnished and felt serious anxiety. Much more I felt severely humiliated in front of
the employees who might lose respect and due regard to me, their Regional Director.
6.
That I execute this affidavit freely and voluntarily in order to give my true and faithful
account of the acts and committed against my person and to file a criminal complaint against AlRhasid Siraji
AFFIANT FURTHER SAYENTH NAUGHT
Mohammad Antao
Affiant
IN WITNESS WHEREOF I have hereunto set my hand and affixed my signature this 18 th day
of January, 2014 at Zamboanga City, Philippines.

MELCA QUIPSE
STATE PROSECUTOR II
CERTIFICATION
This is to certify that I personally examined the herein affiant and that I am fully satisfied that he
voluntarily executed and understood his affidavit.

MELCA QUIPSE
STATE PROSECUTOR II

Republic of the Philippines}


City of Zamboanga............}
x--------------------------------x

AFFIDAVIT
I, Normilyn Miralpes, of legal age, married, Filipino, and a resident of Zone 1,
Zambowood, Zamboanga City, after been sworn to in accordance, depose and say:
1. That I was in the office of the Regional Director, on or about 10:30 oclock in the morning;
2.
That I was talking to Dir. Mohammad Antao when the Security Officer Al-Rashid Siraji
arrived and verbally confronted Dir. Antao;
3. That without warning, he verbally assaulted the Director in my presence and shouted at the
Director in this wise: MARU! KAWATAN! BOBO!(SLY! THIEF! STUPID!);
4. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our
Regional Director by the way how he treated the latter;
5.
That I execute this affidavit freely and voluntarily in order to give my true and faithful
account of the acts and committed against the person Regional Director Mohammad Antao.
AFFIANT FURTHER SAYETH NAUGHT.
Normilyn Miralpes
Affiant
IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18 th day of
January 2014 at Zamboanga City, Philippines.

MELCA QUIPSE
STATE PROSECUTOR II

CERTIFICATION

This is to certify that I personally examined the herein affiant and that I am fully satisfied that he
voluntarily executed and understood his affidavit.

MELCA QUIPSE
STATE PROSECUTOR II

Republic of the Philippines}


City of Zamboanga............}
x--------------------------------x

AFFIDAVIT
I, Maida Ismael, of legal age, single, Filipino, and a resident of Estrada St., Tetuan,
Zamboanga City, after been sworn to in accordance, depose and say:
1. That I am the Secretary of the Regional Director of the Department of Public Works and
Highways;
2. That I was in the office of the Regional Director, on or about 10:00 oclock in the morning,
encoding some important documents.
3. That around 10:30 a.m. when Security Officer Al-Rashid Siraji went to the office of Dir.
Mohammad Antao;
4. That he immediately confronted the Director Mohammad Antao on why he was being told
since he is not even a part of the Department where Siraji was working;
5.
The without warning that he verbally assaulted Director Antao in this wise MARU!
KAWATAN! BOBO! (SLY! THIEF! STUPID!)
6. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our
Regional Director by the way how he treated the latter;
7.
That I execute this affidavit freely and voluntarily in order to give my true and faithful
account of the acts and committed against the person of the Regional Director Mohammad
Antao.
AFFIANT FURTHER SAYETH NAUGHT.
Maida Ismael
Affiant
IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18th day of
January, 2014 at Zamboanga City, Philippines.

MELCA QUIPSE
STATE PROSECUTOR II
CERTIFICATION
This is to certify that I personally examined the herein affiant and that I am fully satisfied that he
voluntarily executed and understood his affidavit.

MELCA QUIPSE
STATE PROSECUTOR II

REPUBLIC OF THE PHILIPPINES


NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
POLICE STATION 7
Gov. Ramos St., Sta. Maria
Zamboanga City
January

15,

2014
PS6
CASE REPORT
CASE
COMPLAINANT
SUBJECT
WITNESSES

: Violation of Article 358 (Slander) of the RPC


:Mohammad Antao, 30 years old, married and a resident of Star St., Tumaga, Zamboanga City.
: Al-Rashid Siraji, 30 years old, married and a resident of Cabatangan, Zamboanga City
: 1. Normilyn Miralpes, 31 years old, single and a resident of Zambowood, Zamboanga City
2. Maida Ismael, 28 years old, single and a resident of Tetuan, Zamboanga City
D/T/P of Incident
: January 15, 2014 OOA 10:30 oclock in the morning, at DPWH R-IX, Barangay Tumaga,
Zamboanga City

____________________________________________________________________________
Reference: Complaint Assignment Sheet No. 5678
On January 15, 2014 at about 7:30 in the evening, Mohammad Antao, Regional Director of DPWH Regional Office
IX appeared to this office and lodged a complaint against Al-Rashid Siraji, Security Officer at DPWH Regional Office
IX, of legal age, married, a resident of Cabatangan, Zamboanga City, that on or about 10:30 in the morning of
January 15, 2014, the latter uttered unpleasant words quote in this wise: MARU, KAWATAN, AND BOBO, which
when translated in English language mean more or less: SLY, THIEF, STUPID after the former confronted the
accused because of his poor performance in the office.
After receipt of this complaint, this investigator requested the appearance of herein respondent for confrontation for
possible reconciliation in this office which was scheduled on January 17, 2014 at 10 oclock in the morning, but herein
respondent failed to come, whereby he informed this office thru telephone that he had an important matter to attend
to. However, complainant appeared before this office bringing along with him a prepared affidavit including the
affidavits of his two (2) witnesses which were subscribed before Melca Quipse, State Prosecutor II, January 15, 2014.
Complainant eagerly manifested his desire to elevate the case in any court of law without having yet going through
the process of Exhaustion of remedy or observing the compliance mandated under RA 7160 (otherwise known as the
Local Government Code).
The foregoing facts in this instant case as asserted by complainant Mohammad Antao in his oath affidavit date
January 15, 2014, before Melca Quipse,, State Prosecutor II of Zamboanga City, that on or about 10:30 in the
morning, the Security Officer Al-Rashid Siraji went to his office and started maligning him and uttered malicious,
slanderous, and defamatory words which quoted in this wise: MARU, KAWATAN, BOBO!. When interpreted or
translated in English language mean more or less SLY, THIEF, STUPID. The incident happened where herein
complainant confronted the latter.
The said incident was heard by Normilyn Miralpes and Maida Ismael who likewise substantiated and corroborated the
allegations of the complaint. However, this investigator was not to personally interview or jot down the statements of
the witnesses because they did not appear to this station, instead only their prepared affidavits were submitted. The
undersigned investigator recommends this case for further and thorough evaluation.
Prepared by:

Alvir Carabot
-Investigator
Noted by:

SPO1 Shariff Alsree, PNP


Chief, Investigator, PS7 (ZCPO)
Approved by:
Ahmed-Arqhan Ali
Chief of Police, PS7, (ZCPO)

Republic of the Philippines


Department of Justice
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

RE:

COMPLAINT AGAINST AL-RHASID SIRAJI


FOR SLANDER UNDER NPS DOCKET No. IX-14-INV-09A-00114
x-------------------------------------------------------------------------------x

RESOLUTION
This resolves the complaint for Slander filed by complainant Mohammad Antao
against above named respondent.
Complainant, the Regional Director of the Department of Public Works and
Highways Regional Office 9, this city, claims that around 10:30 oclock in the morning of
January 15, 2014, respondent who is the Security Officer of said office went to his office
and started maligning him by uttering the following defamatory words at him: MARU!
KAWATAN! BOBO!(SLY! THIEF! STUPID!). Said utterance was allegedly witnessed
by Normilyn Miralpes and Ismael Maida who in their respective Affidavit corroborate the
claims of the complainant.
The incident occurred within the office of the complainant who is the Regional
Director in the presence of the employees of the said office.
WHEREFORE, finding probable cause, let an Information charging respondent
Al-Rashid Siraji with GRAVE SLANDER be filed in court.
Zamboanga City, Philippines, January 25, 2014.

MELCA QUIPSE
3 Assistant City Prosecutor
rd

RECOMMENDING APPROVAL

ANTONIO ROBERTO JR
1st Assistant City Prosecutor

APPROVED:
RYAN AGUSTIN
City Prosecutor

Republic of the Philippines


MUNICIPAL TRIAL COURT
9th Judicial Region
Branch 2
Zamboanga City
PEOPLE OF THE PHILIPPINES,
Plaintiff,

CRIMINAL CASE NO. 49105

-versus-

-for-

AL RHASID SIRAJI

GRAVE SLANDER
(Article 358 of the Revised Penal Code)

Accused.
x-----------------------------------x

INFORMATION
The undersigned 3rd Assistant Zamboanga City hereby accuses AL-RASHID
SIRAJI of the crime of GRAVE SLANDER, committed as follows:
That on or about January 15, 2014, in the City of Zamboanga,
Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, being then the Security Officer of the Department of
Public Works and Highways R-IX, this city, with the deliberate intent of
bringing on MOHAMMAD ANTAO, who is the Regional Director of the
aforesaid Department, into discredit, disrepute, and contempt, did and
there willfully, unlawfully, and feloniously, publicly speak and utter against
said MOHAMMAD ANTAO, the following words and expressions to wit:
MARU! KAWATAN! BOBO! which if translated in English language will
mean, SLY! THIEF! STUPID!, and other words of similar import and as a
result, said defamatory utterance and expressions caused mental anguish,
serious anxiety, social humiliation and besmirched reputation to his
damage and prejudice.
CONTRARY TO LAW.
Zamboanga City, Philippines, January 25, 2014, 2014.
MELCA QUIPSE
3rd Assistant City Prosecutor
APPROVED
RYAN AGUSTIN
City Prosecutor
Witnesses:
Mohammad Antao Tumaga, Zamboanga City
Normilyn Miralpes - Zambowood, Zamboanga City
Ismael Maida Tetuan, Zamboanga City

BOND: P6,000.00

(Republic of the Philippines )


(City of Zamboanga. ) SS
(XXX. )
AFFIDAVIT
I, Sarah Alijuddin, 24 years old, single and a resident of Tumaga, Zamboanga City,
after having been duly sworn to in accordance with law, do hereby depose and say: that1.
I work as Human Resource Staff of the Department of Public Works
and Highway located at Tumaga Zamboanga City;
2.
I have known Al-Rhasid Siraji as a security officer who is working for
the Department of Public Works and Highway for almost five years;
3.
Siraji is known to be a funny and cheerful man and he is always
joking around;
4.
On January 15, 2014, when I was about to submit my report to the
administration office, I heard Al-Rhasid making fun with his colleague Alvir
Carabot, calling him MARU! KAWATAN! BOBO! (SLY! THIEF! STUPID!) in a
mischievous manner since they were having their usual conversation with one
another;
5.
I saw the Regional Director few meters away where Al-Rhashid was
located;
6.
I am executing this affidavit of my own free will and volition and to
attest the veracity and truthfulness of the above-cited facts
Affiant further sayeth naught.

SARAH ALIJUDDIN
Affiant
WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January,
2014, in the City of Zamboanga, Philippines.

SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga
City, Philippines
MELCA QUIPSE
1st Assistant City Prosecutor

CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am
fully satisfied that he/she voluntarily executed his/her affidavit.

MELCA QUIPSE
1st Assistant City Prosecutor

(Republic of the Philippines )


(City of Zamboanga. ) SS
(XXX. )
AFFIDAVIT
I, Alvir Carabot, 26 years old, single and a resident of Guiwan, Zamboanga City,
after having been duly sworn to in accordance with law, do hereby depose and say: that1. I am employed in the Department Works and Highway and
assigned in the Engineering Office;
2. I have known Al-Rhasid Siraji since he was my classmate in High
school and good friends until now;
3. On January 15, 2014, I have seen Siraji with the Regional Director
in the latters office since they were conversing with something;
4. When he leave before the presence of our Regional Director, he
saw me in the hallway while I was waiting for him;
5.
We started calling each other with different names, he called me
MARU! KAWATAN! BOBO! (SLY! THIEF! STUPID!) but those were nothing
personal to me since we were having fun at all;
6. I am executing this affidavit of my own free will and volition and to
attest the veracity and truthfulness of the above-cited facts
Affiant further sayeth naught.

ALVIR CARABOT
Affiant
WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January,
2014, in the City of Zamboanga, Philippines.
SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga
City, Philippines
MELCA QUIPSE
1st Assistant City Prosecutor

CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am
fully satisfied that he/she voluntarily executed his/her affidavit.

MELCA QUIPSE

1st Assistant City Prosecutor

(Republic of the Philippines )


(City of Zamboanga. ) SS
(XXX. )
COUNTER AFFIDAVIT
I, Al-Rhasid Siraji, 25 years old, single and a resident of Cabatangan, Zamboanga
City, after having been duly sworn to in accordance with law, do hereby depose and say: that1. I was the accused on the criminal case No. 49105 on grave slander filed by
Mohamad Antao, the Regional Director of Department of Public Works and
Highway where I was also working as a security officer ;
2. Sometime on January 15, 2014, at around 10:30 in the morning, I went to the
Regional Directors office since I was told that I was called by him;
3. Upon arriving in the office, the Regional Director reprimanded me on the
ground that he said I was an irresponsible employee;
4. I went out of the office and passed through the hallway, where I saw Alvir
Carabot who was my close friend in High school; we used to call each other in
different names and different slang words;
5. I started to call him, MARU! KAWATAN! BOBO! (SLY! THIEF! STUPID!) but
were never offensive for us since we used to call each other with those words;
6. I did not notice the presence of the Regional Director and the words uttered
were not for him;
7. I am executing this affidavit of my own free will and volition and to attest the
veracity and truthfulness of the above-cited facts.
Affiant further sayeth naught.

AL_RHASID SIRAJI
Affiant
WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January, 2014, in
the City of Zamboanga, Philippines.

SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga
City, Philippines
MELCA QUIPSE
1st Assistant City Prosecutor

CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am
fully satisfied that he/she voluntarily executed his/her affidavit.

MELCA QUIPSE
1st Assistant City Prosecutor

Republic of the Philippines


MUNICIPAL TRIAL COURT
9th Judicial Region
Branch 2
Zamboanga City

PEOPLE OF THE PHILIPPINES,


Plaintiff,
-versus-

CRIMINAL CASE NO. 49105

AL RHASID SIRAJI

GRAVE SLANDER
(Article 358 of the Revised

-for-

Accused.
Penal Code)

x-----------------------------------x
WARRANT OF ARREST
TO ANY OFFICER OF THE LAW:
GREETINGS!
You are hereby commanded to arrest Al-Rhasid Siraji who is said to be at
Department of Works and Highway, Tumaga, Zamboanga City, and deliver him to the
nearest police station of jail.
Bail for the temporary liberty of the accused is fixed at Php 6,000php.
This warrant must be executed within ten (10) days from the receipt hereof.
Within ten (10) days after the expiration of such period, the office whom this warrant
was assigned for the execution must make a report to the judge who issued the warrant
and in failure to execute the same shall state the reasons therefore. This warrant of
arrest remains and should be served within ten (10) days and need not be return to the
Judge until the accused is arrested or unless recalled by the Judge. (Rule 113, Sec 4,
1985 Rules on Criminal Procedure)
Given under my hand and seal of the Court, this January 27, 2014, Zamboanga City

Received by:___________________________
Date:__________________________________

ASSIGNED FOR EXECUTION TO


______________________________

Accused:__________________________________________
Arrest on;__________________________________________

________________________________
ARRESTING OFFICER

Republic of the Philippines


MUNICIPAL TRIAL COURT
9th Judicial Region
Branch 2
Zamboanga City

PEOPLE OF THE PHILIPPINES,


Plaintiff,
-versus-

CRIMINAL CASE NO. 49105

AL RHASID SIRAJI

GRAVE SLANDER
(Article 358 of the Revised

Accused.

-for-

Penal Code)

x-----------------------------------x
PRE-TRIAL ORDER
During the preliminary conference before the Clerk of Court Pearl Marjorie Vidal
of the Municipal Trial Court in Cities, Branch 2, 9 th Judicial Region, Zamboanga City, the
parties did not reach any settlement.
The following matters transpired:
FOR THE PROSECUTION
Request for stipulation of admission
Jurisdiction of this Court
The words were uttered by the Accused
Documentary evidence for the prosecution:
1. Exhibit A Forwarding Report
2. Exhibit B Complaint Assignment Sheet No. 5678
3. Exhibit C and C-1 Case Report of P03 Alvir Carabot, dated January 15,
2014, consisting of two (2) pages
4. Exhibit D Affidavit of Complainant Mohammad Antao
5. Exhibit E Affidavit of Normilyn Miralpes
6. Exhibit F Affidavit of Maida Ismael ;reservation for additional documentary
evidence
Witnesses for the Prosecution
1. Mohammad Antao
2. Normilyn Miralpes
3. Maida Ismael; with reservation for additional witnesses
Issues for the Prosecution

-Whether or not the accused is liable of violation of Article 358 of the Revised Penal
Code,
-Whether or not the accused are liable to the complainant for damages.
FOR THE DEFENSE
Request for stipulation of admission
The Private Complainant is a Public officer
Acts committed in a public place
Documentary evidence for the defense:
1.Exhibit 1- Counter Affidavit of Al- Rhasid Siraji
2.Exhibit 2 Sworn Affidavit of Sarah Alijuddin
3.Exhibit 3 Sworn Affidavit of Alvir Carabot; with reservation for additional
documentary evidence
Witnesses for the Defense
1. Al- Rhasid Siraji
2. Sarah Alijuddin
3. Alvir G. Carabot; with reservation for additional witnesses
Issues for the Defense:
-Whether or not the Court has jurisdiction to hear the case
In todays pre-trial and confirmation of conference before the Clerk of Court, the
prosecutor confirmed and affirmed the minutes of the preliminary conference before the
Clerk of Court and manifested that he has no additional documents to be marked and
witnesses to be included.
Defense Counsel, also confirmed and affirmed the minutes of the conference
before the Clerk of Court, and also manifested that he has no additional documents to
be marked and witnesses to be included.
The issues to be resolved are 1) Whether or not the accused is liable of violation of
Article 358 of the Revised Penal Code, 2) Whether or not the Court has jurisdiction to
hear the case 3) Whether or not the accused are liable to the complainant for damages.
Upon agreement of the parties, set the presentation of prosecutions evidence on
March 3 and 4, 2014 at 8:30 oclock in the morning.
The reception of defense evidence is scheduled on April 17 and 18, 2014 at 8:30
in the morning.
The prosecution shall be responsible in bringing its witnesses to court. The
accused and the private complainant are notified in open court and waived further
notice. There being no other matters to be taken, todays pre-trial conference is deemed
terminated.
SO ORDERED.
Given this 17th day of February, 2014 at Zamboanga City, Philippines.

Imran pangilinan
Presiding Judge

Copy Furnished:
1. APA Melca Quipse, OCP, ZC ______________
2. Atty. Sherwin Monejo, Tumaga., ZC __________

Republic of the Philippines


MUNICIPAL TRIAL COURT
9th Judicial Region
Branch 2
Zamboanga City
PEOPLE OF THE PHILIPPINES,
Plaintiff,

CRIMINAL CASE NO. 49105

-versus-

-for-

AL RHASID SIRAJI
Accused.
Code)
x-----------------------------------x

GRAVE SLANDER
(Article 358 of the Revised Penal

MOTION TO QUASH
COMES NOW accused, through the undersigned counsel and unto
this Honorable Court, most respectfully avers: that1. The Information filed should be Quash on the ground that:
a. the facts charged do not constitute an offense;
b. the court trying the case has no jurisdiction over the
offense charged;
c. the officer who filed the information had no authority to do
so;

THE FACTS CHARGED DO NOT


CONSTITUTE AN OFFENSE1
2. The elements of grave slander are indispensable to determine if the
crime itself exists, to wit-There is grave slander when it is of a serious and insulting nature.
The gravity of the oral defamation depends not only (1) upon the
expressions used, but also (2) on the personal relations of the

1 Section 3(a) of Rule 117 of the Rules of Court

accused and the offended party, and (3) the circumstances


2
surrounding the case.

3. The averment of the prosecution is insufficient to hold the accused with


the crime stated therein;
4. The witnesses of the accused are manifesting the fact that the words
uttered by the accused were not directly related to him since they ended
their conversation before the said incident happened;
5. The words were never addressed to the Plaintiff but to someone named
Alvir Carabot since he was a good friend of the accused herein;
6. In People vs Raagas[1938], the Supreme Court ruled that the
information do not constitute the offense charged, to witIn order that oral defamation consisting of the imputation of a vice,
defect, act, omission or circumstance tending to cause the
dishonor, discredit or contempt of a person or the memory of one
who is dead, may be punishable, the language used must be
defamatory and clear so as to leave no room for doubt that it is
addressed to a determinate person. Although the defamation may
be direct or indirect or in the form of allusions it must nevertheless
be positive, that is, it must express the idea or element punished by
the law3

THE COURT TRYING THE CASE


HAS NO JURISDICTION OVER
THE OFFENSE CHARGED4
5. The Sandiganbayan has the jurisdiction over the offense charged as
stated in R.A. 8249, Section 4(B) which states thatSection 4. Jurisdiction The Sandiganbayan shall exercise
original jurisdiction in all cases involving:
a.xxx
b. Other offenses or felonies whether simple or complexed with
other crimes committed by the public officials and employees
mentioned in subsection a of this section in relation to their
office.5

6.
The Plaintiff is a public official and the accused is an
employee of the Department of Public Works and Highway, adulyorganized government entity;
7.
Since the crime, regardless of being simple or complex, is
under the jurisdiction of the Sandiganbayan, the accused was
2 Villanueva vs People GR No. 160351, April 10, 2006

3 G.R. No. L-45414 , June 13, 1938


4 Section 3(b) of Rule 117 of the Rules of Court
5 Section 4(b) of RA 8249

reprimanded because of his poor work performance, thus the offense


committed is in relation to office;

THE OFFICER WHO FILED THE


INFORMATION HAD NO AUTHORITY
TO DO SO6
8. The case, to prosper should have been filed before the
Ombudsman who will determine the probable case, thusThe rule is that as far as crimes cognizable by the
Sandiganbayan are concerned, the determination of probable
cause during the preliminary investigation is a function that
belongs to the Office of the Ombudsman. The Ombudsman is
empowered to determine, in the exercise of his discretion, whether
probable cause exists, and to charge the person believed to have
committed the crime as defined by law.7

PRAYER
WHEREFORE, in view of all the foregoing, it is most respectfully
prayed that the information be quashed, and accused be
discharged.
Other relief just and equitable are likewise prayed for.
Respectfully submitted.
January 28, 2014

Atty. SHERWIN MONTEJO


Counsel for the Accused
Commissioned until 12.31.2015
Executive Village, Tumaga ZC
IBP OR. No. 896962,01.07.2014 ZC
PTR OR. No. 0759552.01.07.2014 ZC
Roll No. 12345

6 Section 3(d) of Rule 117 of the Rules of Court


7 COLLANTES vs. HON. SIMEON MARCELO, G.R. Nos. 167006-07 August 14, 2007

NOTICE OF HEARING
THE CLERK OF COURT
Regional Trial Court Branch 16
9th Judicial Region
Zamboanga City
GREETINGS:
Please submit the foregoing MOTION TO QUASH for the consideration and
approval of the Honorable Court on February 2, 2014 or immediately upon receipt
hereof.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines.

Sherwin Montejo
counsel
--oOo-NOTICE OF HEARING
ATTY. MELCA QUIPSE
Counsel for Plaintiff
Hall of Justice, Sta. Barbara
Zamboanga City
GREETINGS:
Kindly take NOTICE that the undersigned will submit the foregoing MOTION TO
QUASH for the consideration and approval of the Honorable Court on February 2, 2014
or immediately upon receipt thereof.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines

Sherwin Montejo
counsel
Copy furnished:
Atty. Melca Quipse

By:_______________

Counsel for the Plaintiff


Hall of Justice, Sta. Barbara
Zamboanga City

Date:_____________

Republic of the Philippines


MUNICIPAL TRIAL COURT
9th Judicial Region
Branch 2
Zamboanga City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
-versus-

CRIMINAL CASE NO. 49105

-for-

AL RHASID SIRAJI
Accused.

GRAVE SLANDER
(Article 358 of the Revised Penal Code)

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

OPPOSITION TO MOTION TO QUASH


COMES NOW Plaintiff, through the undersigned counsel and unto this
Honorable Court, most respectfully avers, that:
1. On January 28, 2014, the accused through the undersigned counsel
submitted unto this honorable court a motion to quash the information;
2. The Plaintiff received a copy therein, hence this opposition;
3. As to the averment that the facts charged do not constitute an offense;
3.1 The filing of the above-entitled case is substantial. The testimony of the
Plaintiff and of the witnesses are prima facie evidence that he committed
the offense charged;
3.2 There exists a probable cause, the burden to prove all the elements
during the preliminary investigation will defeat the ends of justice. The
Honorable Court in the case of Reyes vs Pearlbank Securities[2008] states
thatProbable cause, for the purpose of filing a criminal information,
has been defined as such facts as are sufficient to engender a wellfounded belief that a crime has been committed and that
respondent is probably guilty thereof. 18The term does not mean
"actual and positive cause" nor does it import absolute certainty. It
is merely based on opinion and reasonable belief. Probable cause

does not require an inquiry into whether there is sufficient evidence


to procure a conviction. It is enough that it is believed that the act
or omission complained of constitutes the offense charged8

4. It is the Honorable Court who has the jurisdiction on the above-entitled


case;
4.1 Accused is indicted with the crime of Grave Slander that is in violation
of Article 358 of the Revised Penal Code which provides thatArt. 358. Slander. Oral defamation shall be punished by arresto
mayor in its maximum period to prision correccional in its minimum
period if it is of a serious and insulting nature; otherwise the penalty
shall be arresto menor or a fine not exceeding 200

4.2 Batas Pambansa 129 as amended by R.A, No. 7691 specifically


provides that when the penalty does not exceed six(6) years, hence,
cognizable by the Municipal Trial Court
Section 32. Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts
and Municipal Circuit Trial Courts in criminal cases. Except in cases falling
within the exclusive original jurisdiction of Regional Trial Courts and of the
Sandiganbayan, the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts shall exercise:
(1)xxx
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine,
and regardless of other imposable accessory or other penalties, including
the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value, or amount thereof: Provided, however,
That in offenses involving damage to property through criminal negligence
they shall have exclusive original jurisdiction thereof. (as amended by R.A,
No. 7691)

4.3 The Honorable Court did not err to have jurisdiction in this case and
the proper authority to file this case is the prosecutor;
PRAYER
WHEREFORE, it view of all the foregoing, it is most respectfully
prayed that the motion for information be denied.
Other relief just and equitable are likewise prayed for.
Respectfully submitted.
February 2, 2014

Atty. MELCA QUIPSE


8 G.R. No. 171435, July 30, 2008

3rd Assistant City Prosecutor


Office of the City Prosecutor
Hall of Justice
Sta Barbara, Philippines

NOTICE OF HEARING
THE CLERK OF COURT
Regional Trial Court Branch 16
9th Judicial Region
Zamboanga City
GREETINGS:
Please submit the foregoing OPPOSITION TO MOTION TO QUASH for the
consideration and approval of the Honorable Court immediately upon receipt hereof
sans oral arguments.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines.

Melca Quipse
counsel
--oOo-NOTICE OF HEARING
ATTY. Sherwin Montejo
Counsel for Accused
Tumaga, Zamboanga City
GREETINGS:
Kindly take NOTICE that the undersigned will submit the foregoing OPPOSITION TO
MOTION TO QUASH for the consideration and approval of the Honorable Court
immediately upon receipt thereof sans oral arguments.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines

Melca Quipse
counsel
Copy furnished:
Atty. Sherwin Montejo
Counsel for the Accused
Hall of Justice, Sta. Barbara
Zamboanga City

By:_______________
Date:_____________