REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
PASAY CITY, BRANCH ___

PEOPLE OF THE PHILIPPINES

Plaintiff,
CRIM CASE NO. 3622
-versus- FOR : VIOLATION OF R.A
CITY ORDINANCE

B,
Accused.

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MOTION FOR JUDICIAL DETERMINATION

OF PROBABLE CAUSE WITH MOTION TO DISMISS

ACCUSED,FERNANDO ALFECHE LOGUIBER, through

undersigned counsels unto this Honorable Court, most respectfully avers :

1. The accused was arrested for allegedly violating City ordinance;

2. However, a perusal of the records, particularly the affidavit of arrest
of the police officers, would reveal that there is no probable cause to
arrest the accused who was not violating any law or ordinance at the
time he was arrested.
3. Basic is that rule on exceptional cases of warrantless arrest under Sec.
5, Rule 113 of the Revised Rules of Criminal Procedure, to wit :

Section 5. Arrest without warrant; when lawful. — A peace

officer or a private person may, without a warrant, arrest a person:

(a) When, in his presence, the person to be arrested has committed,

is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed, and he has probable
cause to believe based on personal knowledge of facts or circumstances that
the person to be arrested has committed it; and

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 (c) When the person to be arrested is a prisoner who has escaped
from a penal establishment or place where he is serving final judgment or is
temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another.

The warrantless arrest of the accused did not fall in any of the
exceptions provided by law for a lawful arrest without warrant. Accused was
not actually committing, has committed or is attempting to commit a crime
or violation in the presence of the police officers.

4.
PRAYER

WHEREFORE, premises considered,in the interest of justice and to

uphold the rule of law, accused B prays for the outright dismissal of this
case.

Other forms of relief that are just and equitable under the premises are
also prayed for.

Cebu City, Philippines. 2 July 2020

RESPECTFULLY SUBMITTED.

Atty. C
(Counsel of the Accused)
Roll of Attorney No. 63966 April 27,2015
PTR OR No. 707854 5-06-15
IBP OR No. 0997508 4-27-15 Cebu City Chapter
MCLE COMPLIANCE No. VI valid until April 22, 2022

NOTICE OF HEARING

The Branch Clerk of Court

METC Branch __
Pasay City

Greetings :

Please submit the foregoing Motion for Judicial Determination of

Probable Cause with Motion to Dismiss of this Case for the consideration
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and approval of this Honorable Court on July 8, 2020 at 8:30 in the morning
or as soon as counsel and matter may be heard.

Atty. B.

EXPLANATION

Copy of this Motion for Judicial Determination of Probable Cause

Motion to Dismiss is made through registered mail due to lack of personnel
to effect personal service.

Copy Furnished :

Public Prosecutor