REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
PASAY CITY
BRANCH 124

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM CASE NO. 251
For: ESTAFA
-versus-

ESTA FADOR, MANGO GOYO, and KATI WALDAS,

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

MOTION TO QUASH

Comes now accused ESTA FADOR, by the undersigned counsel 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 Pasay City, the accused herein move for
the quashal of the information on the ground that:

“That the facts charged do not constitute an 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. That given those circumstance, it is but only proper that at this stage the
prosecution should be shut off lead the Honorable Court will only be burdened by baseless
accusation not worthy of a fuller examination.

3. The private complainant in her complaint affidavit accuses the accused in this case for
“Estafa” for allegedly performing fraudulent acts and misappropriated CoRporate Funds in
the amount of P 3,000,000.00 to the damage and prejudiced of the corporation and its
stockholder”. Also, based on the complaint affidavit filed by the office of the City Prosecutor,
accused herein were indicted for offense charged.

4. That earlier, accused herein have filed a motion for judicial determination of probable cause
precisely to impress upon the Honorable Court that no probable cause exist to warrant the
prosecution of the accused for any offense. The complaint affidavit and the resolution
clearly show that the liability of the accused assuming without admitting that they have, are
merely civil and not criminal. The facts only show that accused merely failed to remit
certain sum of money which the accused disputes. Misappropriation or intent to gain was a
mere conclusion of law unsupported by facts. Thus if no facts were shown to constitute
estafa or theft, necessarily there would be no legal basis of institute any criminal
information. “When it is clear that the information does not really charged an offense, the
case against the accused must be dropped immediately instead of subjecting him to anxiety
and inconvenience of a useless trial. The accused is entitle to such consideration and indeed,
even the prosecution will benefit from such dismissal because it can then filed a corrected
information provided the accused has not yet attached. There is no point of proceeding
under a defective information that can never be the basis of a valid conviction. (Cruz vs
Court of Appeals G.N. No. 93754 February 18, 1991.)

5. That with due respect, as accused were only sales agents they do not occupy position of
confidence. The crime of estafa is likewise bereft of legal basis sense there is no showing
that they employ deceit. Precisely, they filed a motion for judicial determination of probable
cause, there being no indictable offense committed.
 6. All told, the accused herein respectfully submits that since the facts accrued by the
complainants do not at all show criminal liability and the resolution of the City Prosecutor
taking its whole context does not admit that the crime of estafa was committed. If is
therefore but imperative that the information be quash not only for lack of probable cause
but clearly the facts as shown does not constitute an offense.

WHEREFORE, it is respectfully prayed that the Information against the accused be

QUASHED.

Pasig City for Pasay City.

April 28, 2017.

ABO GADO
Counsel for Accused ESTA FADOR
Roll of Attorneys No. 940611
IBP No.0330993-1/5/17-Pasig City
PTR No.122992-1/5/17-Pasig City
MCLE Compliance No.V-004062011
Issued on March 30, 2016

NOTICE

HON. BRANCH CLERK OF COURT

Regional Trial Court
Branch 124, Pasay City

OFFICE OF THE CITY PROSECUTOR

Pasay City

ATTY. NIYA
Private Prosecutor
586 Mangga St., Pasay City

NAGO YO
Private Complainant
521 Santol St., Pasay City

Greetings:

Please take notice that on May 12, 2017 at 1:30 in the afternoon, or soon thereafter, as
counsel and matter may be heard, the undersigned counsel will submit the foregoing motion to
quash for consideration and resolution of the Honorable Court.

ABO GADO
 EXPLANATION FOR SERVICE
BY REGISTERED MAIL
[Pursuant to Section 11, Rule 13 of the
1997 Rules of Civil Procedure]

ACCUSED, by counsel, submits that the foregoing Motion to Quash is being served to the
adverse party by registered mail for lack of time and owing to heavy workload of the liaison officer
of the law firm.

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR Registry Receipt No. _________________

Pasay City Post Office: ____________________________
Date Mailed: __________________________

ATTY. NIYA Registry Receipt No. _________________

Private Prosecutor Post Office: ____________________________
586 Mangga St., Pasay City Date Mailed: __________________________

NAGO YO Registry Receipt No. _________________

52 Santol St., Pasay City Post Office: ____________________________
Date Mailed: __________________________