Republic of the Philippines

Regional Trial Court

Third Judicial Region
BRANCH I
Puerto Princesa City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.00023

Plaintiff, FOR:  Violation of Republic Act
9165 9165

-versus-

John Doe,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - x

MOTION TO QUASH

The undersigned ACCUSED, before this Honorable Court

respectfully moves and states:

1. That an information for Violation of Republic Act No. 9165 was

filed before this Honorable Court against the herein accused.

2. That an information for Violation of Republic Act No. 9165 was

also filed before the Municipal Trial Court in Cities Branch II in
Puerto Princesa City which involves the very same cause of action
predicated on the same incidents herein in this case, (Copy of the
said similar information are hereto attached as Annex “1”);

3. That, Article III Section 21 of the 1987 Constitution provides:

“No person shall be twice put in jeopardy

of punishment for the same offense. If an
act is punished by a law and an ordinance,
conviction or acquittal under either shall
constitute a bar to another prosecution for the
same act.”

That, the decision in either case would constitute double

jeopardy with the other considering that the same incidents in the
above captioned case is also included in the information filed
before the Municipal Trial Court in Cities Branch II in Puerto
Princesa City;

4. That, under Rule 7, Section 5 second par. on Forum Shopping of

The Revised Rules of Court provides:

“Failure to comply with the requirements on

forum shopping shall not be curable by mere
amendment of the complaint or other initiatory
 pleading but shall be cause for the dismissal of
the case without prejudice, unless otherwise
provided upon motion and after hearing”

Since the private complainant neither reserved the

institution of separate civil action nor instituted it separately, the
same is deemed instituted with the criminal action. Hence the
filing of two information in two different courts involving the very
same cause of action explicitly constitute forum shopping.

RELIEF PRAYED FOR

WHEREFORE, in view of the foregoing, it is respectfully moved and

prayed of this Honorable Court, that the information in the above
captioned case be quashed;

Other relief and remedy just and equitable under the circumstances
are likewise prayed for.

RESPECTFULLY SUBMITTED.

_____________ City, August 3, 2005.