Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Iloilo City
Branch 32

MACY ANNE P. MALUMBAY,

In behalf of her minor daughter,
MARIE ANGELA P. MALUMBAY,
Complainant, Crim. Case No.191828

- versus - FOR: Rape

CARLITO B. AGUSAN
Respondent.
x----------------------------------x

MOTION TO QUASH INFORMATION

COMES NOW accused CARLITO AGUSAN y BUSTOS 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 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 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 raped 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 Marie Angela P.
Malumbay, fourteen year old, did then and
there wilfully, unlawfully, and feloniously,
wilfully, unlawfully and feloniously, and by
means of force and violence had carnal
knowledge of said Marie Angela P.
Malumbay against her will;”

5. That upon careful scrutiny of the information, the elements

for the crime of Rape were not met. As alleged in the
information, the accused had carnal knowledge of the victim,
this being the case the crime of Rape 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 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 against the accused, CARLITO
AGUSAN y BUSTOS , be quashed.
 Other just and equitable reliefs are likewise prayed for.

Iloilo City , Philippines, June 17, 2019.

Counsel for the accused

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
Iloilo City (077)654-3425
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
Iloilo City (077)654-3425

NOTICE OF HEARING

THE BRANCH CLERK OF COURT

Regional Trial Court, Branch ___
Iloilo City

Greetings!

Please submit the foregoing motion to the Honorable Court on

April 17, 2019 at 8:30 in the morning for its favorable consideration
and approval.
 Atty. Mary Anthonette P. Managaytay
Counsel for the Accused

Copy furnished by personal service:

HON. MARVIN A. DIEGO

City Prosecutor
Office of the City Prosecutor, Iloilo City

HON. JOESHUA AGCAOILI

Private Prosecutor
Iloilo City