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MOTION TO DISMISS
ACCUSED, thru counsel, unto the Honorable Court most respectfully move to
dismiss the above-entitled case on the following:

GROUNDS AND ARGUMENTS

I. WITH DUE RESPECT, THE HONORABLE COURT HAS

ALREADY LOST JURISDICTION OVER THE CASE.

With the grant of the accused Public officers Vispedencia de Guzman and Victor
T. Avena’s Demurrer to Evidence, it is respectfully submitted that the Honorable Court
automatically lost jurisdiction over the case.

This is because herein movant-accuseds are private individuals not public officers
over whom the Honorable Court cannot exercise jurisdiction, inasmuch as on their own
they could not commit any Violation of Sec. 3 (e) of RA No. 3019.

II. WITH DUE RESPECT, THE FINDING OF THE HONORABLE

COURT THAT THE ACCUSED PUBLIC OFFICERS HAD NOT
COMMITTED THE OFFENSE CHARGED, MILITATES IN FAVOR
OF THE MOVANT-ACCUSEDS.

In the Decision dated August 9, 2002, (copy attached as Annex “1”) granting the
Demurrer to Evidence, the Honorable Court found that actually the accused public
officers had not committed any violation of Sec. 3 (e) RA No. 3019.
Considering that movant-accuseds had been indicted in conspiracy with said
public officers, the finding that no crime was committed by a public officers also mean
that the movant-accuseds did not commit any crime, as they merely accepted and
performed the project regularly and legally.

Accused movants were only the recipients of the award of the project. They had no
participation in making the award to them by the accused public officers, except to
receive or accept it as they applied for it.

WHEREFORE, it is most respectfully prayed of the Honorable Court that the

case be please DISMISSED.
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Movant-accused respectfully request for such other reliefs as maybe deemed just
and equitable in the premises.

Quezon City, August 20, 2019

CASTRO CASTRO& ASSOCIATES
Counsel for the movant-accused
12D Mabuhay Street, Brgy. Central
Quezon City
Tel. No. 0918-3366-559
by:

MANUEL R. CASTRO
IBP No. 071897 Pasig City 2/1/19
PTR No. 7719558C Quezon City 2/8/19
Roll No. 18090
MCLE Compliance No. VI-0020212 issued on 3/22/19

THE CLERK OF COURT

5TH Division, Sandiganbayan
Quezon City – per. del.

THE SPECIAL PROSECUTOR

4th Floor, Ombudsman Bldg. Agham Road, Diliman
Quezon City – per. del.

GREETINGS:

Please take notice that the foregoing motion will be submitted for the kind
consideration of the Honorable Court on AUGUST 23, 2019 at 1:30 P.M., or as soon as
the motion maybe heard by the Court.
ATTY. M. R. CASTRO