Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11th Judicial Region
Branch 4
Davao City
-oOo-

THE PEOPLE OF THE PHILIPPINES. Crim Case No. M-DVO-16-03267-CR

FOR: Other Light Threats

-versus-

CLAYD ROY F. JUMAMIL,

Defendant.
x--------------------------------------------------x

MOTION TO DISMISS
COMES NOW, the accused CLYDROY F. JUMAMIL, through undersigned
counsel and unto this Honorable Court, most respectfully files this Motion to
Dismiss by averring that:

1. Private complainant Joel C. Guillano alleged in his affidavit complaint that

the incident happened on December 27, 2015 at around 5:00 pm. He filed
a complaint before the Punong Barangay of Barangay Baliok Talomo
District about the alleged incident on January 3, 2016 (see certification as
Annex “1”);

2. For failure of the parties to make any settlement, a Certificate to File

Action was issued on February 19, 2016 by the Office of Lupong
Tagapamayapa/Pangkat ng Tagapagkasundo of the said barangay.
However, it was only on April 18, 2016 that the private complainant filed
his affidavit complaint before the City Prosecution’s Office;

3. Afterwards, an Information was filed before the Municipal Trial Court in

Cities of Davao City charging the accused for the crime of Other Light
Threats, a crime under Article 285(2) of the Revised Penal Code which
imposes a penalty of arresto mayor in its minimum period or a fine not
exceeding 200 pesos;

4. Under Article 25 of the Revised Penal Code, arresto mayor falls under the
classification of light penalties that prescribe in two (2) months under
Article 90 of the same code;

5. Further, in the case of Bienvenido Medrano vs. Hon. Filemon Mendoza,

Judge of the Municipal Court of Ibaan, Batangas and the THE PEOPLE OF
THE PHILIPPINES1, the Supreme Court held:
1
G. R. No. L-24364, February 22, 1968

1 of 3
 “Orally threatening another in the heat of anger with some
harm constituting a crime is a light offense which prescribes
in two months or 60 days.” (Emphasis and underscoring
supplied)

6. Section 410 of R. A. No. 7160 or the Local Government Code provides that
prescriptive periods of offenses and cause of action under existing laws
shall be interrupted upon filing of the complaint with the Punong
Barangay and shall resume upon receipt by the complainant of the
Certificate to File Action issued by the Lupon or Pangkat secretary;

7. With the foregoing narration, accused submits that the offense charged
against him has already prescribed;

8. From the time of the incident on December 27, 2015 up to the filing of the
complaint before the Punong Barangay on January 3, 2016, 7 days has
already elapsed. Another 57 days passed from February 19, 2016 up to
the filing of the affidavit complaint with the City Prosecution’s Office on
April 18, 2016. In total, the 64 days has elapsed. Considering that the
offense prescribes in 60 days, the offense charged had already prescribed.
Hence, the dismissal of the case against herein accused is in order.

PRAYER

WHEREFORE, in view of the foregoing, it is respectfully prayed before his

Honorable Court that this Motion to Dismiss be duly considered and thereafter,
an order be issued that the case against accused CLAYD ROY F. JUMAMIL be
dismissed on the ground of prescription.

Other reliefs just and equitable are likewise prayed for.

RESPECTFULLY SUBMITTED.

Davao City, Philippines. May 30, 2018.

CLAYD ROY F. JUMAMIL

Accused

Assisted by:

ATTY. ERIC JASON S. TEJERO

IBP No. 30552 ● 01/10/2018 ● Davao City
PTR No. 9609809 ● 01/05/2018 ● Davao City
Roll No. 60271 ● April 2012
MCLE Compliance No. V-0012954-December 1, 2015
THE LAW OFFICE OF ALAVE, LOFRANCO, OGATIS, TEJERO AND ASSOCIATES
Room 205 2nd Floor D&D Bldg. C. Bangoy Sr. St., Davao City
Telephone No. (082) 297-6204
ej.tejero@gmail.com

2 of 3
 NOTICE

THE BRANCH CLERK OF COURT

Municipal Trial Court in Cities - Branch 4

Pros. Maria Cynthia Adao-Prat

Public Prosecutor

GREETINGS!

Please take notice that the foregoing Motion be submitted for

consideration and favorable action of this Honorable Court on June 8, 2018 at
8:30 in the morning.

ATTY. ERIC JASON S. TEJERO

Copy Furnished:

Pros. Maria Cynthia Adao-Prat

Office of the City Prosecutor - Davao City
Received by:_____________________
Date/Time Received:_______________

3 of 3