Republic of the Philippines

Fourth Judicial Region

REGIONAL TRIAL COURT
Branch xxx
xxxx City

PEOPLE OF THE PHILIPINES,

Plaintiff,

- versus - Criminal Case No. xxxxx

For: MURDER
xxxxxx,
Accused .
x------------------------------------------------x

URGENT EX-PARTE
MOTION FOR EARLY RESOLUTION

ACCUSED, through counsel, and unto this Honorable Court,

most respectfully avers:

1. That on October 2, 2013, an Information for Murder was

filed before this Honorable Court against herein accused;

2. That, after sensing the infirmity in the authority to

approve and file information, herein accused filed a Motion to
Quash on December 16, 2013 on the ground that the officer who
filed the information had no authority to do so thereby
conferring no jurisdiction upon the Court;

3. That herein accused further asserts that the facts alleged

in the information do not constitute an offense;

4. That on December 20, 2013, this Honorable Court issued

an Order requiring the prosecution to file comment or
opposition to the instant motion within Ten (10) days from
receipt thereof;

1
 5. That, noticeably, the Ten (10) day period provided to the
prosecution has already elapsed and the prosecution failed to
file its comment;

6. That sometime on January 14, 2014, another verification

was made with this Honorable Court if a comment or
opposition has already been filed by the prosecution. However,
herein accused was informed that as of that date no comment
or opposition has ever been filed;

7. That the continued failure or refusal of the prosecution to

file comment or opposition up to today despite the opportunity
accorded is a blatant manifestation of its lack of interest to file
the same;

8. That for expedient resolution of the issues raised therein,

early resolution of the instant motion has become glaringly
exigent;

9. That this motion is intended solely for the purpose

alluded thereto.

PRAYER

WHEREFORE, forgoing premises considered, it is most

respectfully prayed of this Honorable Court that the instant
motion be resolved in the soonest possible time.